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New Zealand Law Society - LawTalk issue 920

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LawTalk issue 920

LawTalk issue 920

LawTalk issue 920

03 August 2018

The August issue features an interview with Dame Margaret Bazley following the release of her review into sexual misconduct at Russell McVeagh. We also look at other developments and opinions on legal workplace culture and what is needed to turn things around. A number of articles look at aspects of access to justice, along with other information relevant to practising law in New Zealand.

Download LawTalk issue 920 (PDF file, 11 MB) View as a flip-book ISSUU.COM

The ‘Hanging of Justice Mander’ in the Dunedin Law Courts on 6 June 2018 – or rather the unveiling of Murray Webb’s framed caricature of him – marks the revival of an Otago legal tradition which originated nearly half a century ago. Two local barristers had commissioned Otago Daily Times…

There is a lot of public discussion about the criminal justice system, which is likely to continue as the government is encouraging that discussion with a view to a package of reforms. Last month, Justice Minister Andrew Little announced an advisory group to look at changes to New Zealand’s criminal justice…

Embracing Diversity

The final issue we will consider in our study of diversity is this big picture question: does culture matter in our decision-making regarding conflict? It seems reasonable to assume that the cognitive processes that inform our decision-making are universal and we would all approach conflict in the same way. We are…

Japan’s Leprosy Prevention LawThis was repealed in 1996. The final version of this law had been enacted in 1953. It required patients suffering from leprosy – now known as Hansen’s disease – to be forcibly detained in sanatoriums, and also enabled the state to carry out abortions and sterilisation. The…

Creating A Just Culture

In the wake of Dame Margaret Bazley’s review into sexual misconduct at Russell McVeagh, the public sector trouble shooter spoke to LawTalk about the “other” insidious behaviours that must urgently be addressed within the legal profession. Photo: Lynn Grieveson/Newsroom When Dame Margaret Bazley was asked to investigate Russell McVeagh she knew she…

Margaret Bazley at the release of Bazley report. Photo: Lynn Grieveson/Newsroom Dame Margaret Bazley’s report on the sometime goings-on at Russell McVeagh, and its ‘work hard, play hard’ culture, describes a state of affairs that is not peculiar to that firm. Dame Margaret’s report is in uncomfortable harmony with the New…

LawTalk invited contributions from two of the women who have been prominent in advocating for change in the legal profession in light of the revelations of sexual harassment and bullying. They were asked to suggest three things that need to happen in the legal profession. Their views are presented below…

People

With degrees from three countries and, despite the Chief Justice’s praise for a landmark Privy Council win over Court of Appeal judges, human rights barrister Dr Tony Ellis hasn’t made Queen’s Counsel yet. Proud of his contribution to the law, primarily through a succession of landmark cases challenging the justice system,…

The first lawyer in her family, Mahafrin Variava was raised in both Dubai and Abu Dhabi and it’s safe to say that her childhood was a unique experience. “I grew up among sandstorms, sheikhs and a blend of cultures and languages,” says Ms Variava, an immigration lawyer with Turner Hopkins in…

Professor Martha C. Nussbaum has quite a collection of honorary degrees from universities throughout the world – 60, in fact. The professor of law and philosophy at the University of Chicago visited Victoria University of Wellington’s Law School as the 2018 Borrin Fellow in June, delivering a lecture entitled ‘Anger, Powerlessness…

Hamilton-based lawyer Josh Nyika is now using his hands in a different way after a spell as New Zealand’s best amateur boxer in his weight division, and a one-time contender to fight at the 2016 Olympic Games. Nyika competed at the World Boxing Championships after becoming Oceania champion when he outclassed…

Sophie Braggins LawFest organiser Andrew King continues a series of interviews with key legal professionals with their innovation and legaltech stories. What does legal innovation mean to you? It means opportunity and optimism in the face of a demanding, evolving and unknown future. What role does technology play in innovation? Technology and a future-focused mindset…

Update

At about this time each year, I like to encourage our best and brightest legal scholars to get their applications in for New Zealand’s premier legal research award. The Law Foundation’s International Research Fellowship, Te Karahipi Rangahau ā Taiao (IRF), offers $125,000 for multi-year study in New Zealand and overseas that…

ACC and the Woodhouse Principles: Complete rehabilitation

In the third in this series of articles looking at each of the Woodhouse principles and the extent to which they are embodied in the legislation and its administration by the ACC, Don Rennie considers the need for complete rehabilitation for all persons covered by the scheme. While he is…

Many lawyers consider that it is safe to assume that a director of a company has authority to contract on behalf of the company. The recent decision of Hinton J in Autumn Tree Ltd v Bishop Warden Property Holdings Ltd [2017] NZHC 2838 (17 November 2017) reiterates that this is…

In the United States more and more states are changing their laws about the use of marijuana for both medical and recreational purposes. It’s also very much a live subject in New Zealand, where opinion is more divided. John Bishop visited Denver, Colorado, one of the nine states where citizens…

Overseas Investment amendmentsProperty lawyers rejoice! The select committee report on the Overseas Investment Amendment Bill has recommended that the part of the bill requiring practitioners to certify that a transaction complies with the Overseas Investment Act be removed. This removes a compliance requirement from lawyers (and let’s not forget, this…

In a decision causing some angst for all regulators carrying out an operational role, in Strathboss Kiwifruit Ltd v Attorney-General [2018] NZHC 1559 Mallon J found that the then Ministry of Agriculture and Forestry (MAF) owed and breached a duty of care to kiwifruit orchardists in negligently allowing destructive Psa…

Access To Justice

There were 17,000 civil court cases disposed of in the year to 30 June 2017 (14,588 in the District Court and 2,370 in the High Court). In too many of those, one or both parties were legally unrepresented. Employment Relations Authority figures, as a guide, indicate self-representation of applicants at…

Whitireia Community Law Centre group photo At the Whitireia Community Law Centre in Porirua, north of Wellington, they have a saying: never use the Q-word. That’s Q for quiet, and the law centre is anything but silent. The offices are small, overcrowded and typical of an area of legal services delivery that…

It’s a new era for Community Law Centres o Aotearoa with a funding boost in the new Government’s first budget and a new head, the ex Labour MP Sue Moroney. Ms Moroney is a self-proclaimed “street fighter” who was prominent in campaigns around pay equity and stopping early childhood education funding…

Section 27 of the Sentencing Act 2002 allows an offender to request the court to hear a person on personal, family, whānau, community and cultural background of the offender. This provision has been underutilised, despite the Sentencing Act being in force for over 15 years. A report under this section…

Auckland Community Law Centre’s (ACLC) Litigant in Person Pro Bono Service recently extended its operations in the Employment Court at Auckland. Unrepresented people considering a challenge to an Employment Relations Authority determination can now receive free advice about their case and the Employment Court process. As co-manager of the ACLC I…

Kerry Dalton and Sacha Green Each year more than half a million inquiries are made at the 83 branches of Citizens Advice Bureau. While the trained volunteers are able to deal with most inquiries themselves, some people require more specialist help, and 58 of the CAB’s sites provide legal clinics – equating…

Lawyers Complaints Service

Names used in this article are fictitious A lawyer who acted for two people amid a separation has been fined $3,000 by a lawyers standards committee due to the “clear breach of conflict” that ensued. The lawyer, Crewler, had acted for Mr Landless and Ms Squeers on a number of matters while…

Names used in this article are fictitious A lawyer who claimed a lien over a New Zealand passport has been fined $2,000 by a lawyers standards committee. When finding unsatisfactory conduct on the part of the lawyer, the committee quoted Justice Laurenson in Vallant Hooker & Partners v Proceedings Commissioner [2001] 2…

Names used in this article are fictitious The Legal Complaints Review Officer (LCRO) has upheld a lawyers standards committee decision to take no further action against a lawyer accused of wrongly holding himself out as a trustee (LCRO 160/2017). Both the complainant, Mr Grayper, and the lawyer, Lenville, owned properties that, along…

Names used in this article are fictitious A lawyer who provided a victim’s statement to a defendant’s partner has been censured by a lawyers standards committee. The lawyer, Gulpidge, acted for a person defending charges of aggravated assault. After a bail application was denied, Gulpidge appealed the decision to the High Court. One…

Two in-house lawyers have each been fined $2,000 for communicating with a witness between cross-examination and re-examination. The lawyers standards committee considering a complaint against the lawyers found that this constituted unsatisfactory conduct. Rule 13.10.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 states that “a lawyer…

Auckland lawyer Bruce McNiece has been censured and fined by a lawyers standards committee after arranging for loans of funds days before a High Court judgment ruling that the money should be paid out. Mr McNiece was the sole executor and trustee of the estate of Mr A. He also considered…

Practice

This is the first of two articles looking at the ethnic makeup of New Zealand’s legal profession and the issues which are raised. This month LawTalk looks at the statistics relating to some of the different elements of legal practice. New Zealand’s legal profession is out of kilter with the wider…

My name may appear to be pretty straightforward. But that hasn’t stopped me from being called Stephen or Mr Craig innumerable times. I am sure Bond actor Daniel Craig experiences the same. Nevertheless, getting names correct is crucial. Plane travellers, for example, might find themselves stranded in the terminal if the…

In 1965, Bruce Tuckman wrote his memorable article, “Developmental Sequence in Small Groups” (Psychological Bulletin, 634(6), 384-399), in which he discussed the four stages that teams generally go through: forming, storming, norming and performing. Some years later he added a fifth phase: adjourning or mourning. These stages are associated with…

We’ve seen the headlines and we’ve seen the survey results. Harassment and bullying is a problem within the legal industry and it’s clear that you need more than just having carefully worded policies against it. Many firms are grappling with the issue of how to keep their staff safe from harassment…

Find your people: Join a chambers (or at least have strong networks). I would not do without our chambers lunches and margarita Mondays (though not every Monday!). Law is hard work. Having great chambers mates to talk your files through with, get advice from and moral support when things go…

Lifestyle

Law firm's pro bono work helping to bring historic birds home

Paul Brennan is an obsessive aviation enthusiast. He held a private pilot licence for a while and even though it’s been a few years between flights, his head is still firmly in the air. Over the past two years Mr Brennan has been feeding and breeding his obsession with a campaign…

After reminiscing about a London-based law series and looking into an old crime series set in the Scottish Highlands, Craig Stephen now investigates a programme that was filmed much closer to home. And was very much real. Seven episodes of Hanlon aired between July and September 1985, all of which were…