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New Zealand Law Society - LawTalk issue 922

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LawTalk issue 922

LawTalk issue 922

LawTalk issue 922

05 October 2018

This month’s LawTalk covers a wide range of matters related to practising law in New Zealand. This includes some major changes proposed for our justice system, the beginning of a series on mental health and lawyers, life as a judge – and life after retiring as a judge – recent developments in the law, workplace culture expectations from legal job seekers, law firm marketing and fighting email fraud.

Download LawTalk issue 922 (PDF file, 13.24 MB) View as a flip-book ISSUU.COM

Before a Consensus Building Approach (CBA) can be put into effect, somebody needs to identify the issue that needs to be resolved, who needs to resolve it, the resources that may be needed and then whether a CBA may be warranted. This convening role is critical. Without a “somebody” to undertake…

In my previous articles, we explored different ways to incorporate te reo Māori within our profession and the benefits that will come from hearing, speaking and seeing te reo Māori more within the law. E whakapono tonu ana ahau ki aua kōrero! (which of course I still agree with!). And…

By Brian K Johnson and Marsha Hunter Reviewed by Garry Williams In 1992, Tom Amberry, a 72-year-old retiree, walked onto a basketball court in Riverside, California and made 2,750 consecutive free throws without a miss. This, at the time, was a world record. In fact, Dr Amberry could have made more, but…

In the latest retrospective look at television’s glorious legal history we check out a British-made programme that recreated several famous cases involving a theatrical turn-of-the-century barrister, one of the first lawyers made famous by the burgeoning tabloid press. It has a tenuous New Zealand connection, which is more than good…

What if you have an idea for a product, process or system which will improve the way in which lawyers do their work or connect with clients? LawTalk asked three New Zealand-based legal services innovators how they got started, what barriers there were, and what they celebrate most with their…

People

Lee Jay Berman is a go-to person for mediation in the United States, and over 2,300 mediated matters in close to 25 years backs that up. Mr Berman’s bread and butter is business, commercial, real estate and land use disputes, but he has intervened in cases involving actors, athletes and warring…

Sir Ron Young throws himself into role as head of NZ Parole Board

Long-serving judge Sir Ron Young has turned his back on ‘retirement’ for what he describes as the “really worthwhile” job of chairing the New Zealand Parole Board. The former Chief District Court Judge spent three decades in the judiciary. He was appointed President of the Electoral Commission in 2000, joined the…

The Innovators: Jon Calder, CEO, Tompkins Wake

LawFest organiser Andrew King continues a series of interviews with key legal professionals with their innovation and technology stories. What does legal innovation mean to you? Innovation in legal is any change or improvement that will drive efficiency and effectiveness of our firms and in the way we operate. That can be…

Update

Lawyers and conveyancers were required to implement phase 2 of the Anti-Money Laundering and Countering Funding of Terrorism Act 2009 from 1 July 2018. The Department of Internal Affairs is supervisor and there has been some criticism of the way in which the department has managed its role. LawTalk put…

A tale of two earn-outs

Two recent New Zealand cases highlight the risks associated with earn-out arrangements in private M&A. In both cases, the High Court considered the rationale and circumstances of the transaction to assist with interpreting the disputed contractual provisions. Both cases confirm the black letter law approach to contract interpretation is ‘old…

The fluoridation of public drinking-water supply has long been a topic of debate in Aotearoa. Although there is broad support for fluoridation from the Ministry of Health and the New Zealand Dental Association, the practice has remained controversial, particularly in the context of our express recognition of the “right to…

Recently we have seen vigorous public debate about whether controversial speakers should be given platforms to express their views and when offensive speech crosses over into hate speech. Much of this debate has taken place on social media. While the internet should give us all the ability to meaningfully express…

Directors of companies are entitled to receive money from their company, such as salary or wages, bonuses, fringe benefits and loans. There are strict statutory requirements relating to the process by which the directors can be paid money from the company. These requirements have been imposed to recognise the directors’ position…

Four recent developments in property law command our attention; Clearspan and Encumbrances, Overseas Investment Act, Covenants and Green Growth, New Horizons for Torrens conference.

Practising Well

It’s 3:27am. I’m wide awake. Again. Why am I worried about this? I’ve spoken at conferences before. Why is this one so different? A few months ago, I spoke at the Lawyers in Government conference in Wellington. I’ve spoken at this conference before (about flexible working in the legal profession), but…

Working long hours is the norm in many organisations and isn’t good for our health. However, a recent study in the Harvard Business Review by Nancy Rothbard, Professor of Management at the University of Pennsylvania, and Lieke ten Brummelhuis, Assistant Professor of Management at Simon Fraser University, outlined the difference…

Creating A Just Culture

Much is made of people and culture as differentiators for employees when weighing up one company over another, which is only highlighted further as competition for the brightest and best becomes tighter. But there seems to be an increasing perception that the reality doesn’t match the blurb in the glossy…

Management gets a bad rap. Not capital M Management, the types who exploit the workers and stretch inequalities, and have done so for centuries. I’m happy to light my torch and go after those bastards, just say the word. No, I’m talking about little M management, the life skill. We in…

Female lawyers are greatly under-represented in appearances before the Court of Appeal and Supreme Court, according to research carried out by the New Zealand Bar Association with funding from the New Zealand Law Foundation. In spite of there being an equal number of female and male lawyers practising in New Zealand,…

White Camelia award for Portia

Portia (formerly Ebborn Law) Principal Lawyer Erin Ebborn is pictured with Governor-General Dame Patsy Reddy after receiving a White Camelia award. The awards celebrate organisational commitment to the Women’s Empowerment Principles (WEPs), a UN Women and UN Global Compact initiative which encourages gender equality in the workplace. New Zealand WEPS committee chair…

The Justice System

What skills, experience and qualities are needed to become a member of New Zealand’s judiciary? What’s it like being a judge? How do the women in our judiciary balance being mothers? At a recent event organised by the Auckland Women Lawyers Association, three women who are long-serving members of the…

What does a judge do at the end of a long career in law? Increasingly, judges are not retiring and are taking on what many refer to as third careers, as barristers, arbitrators and mediators. But what motivates a judge to return to law, particularly after reaching what many would consider…

The following summaries of six new projects funded by the Law Foundation illustrate the wide range of work that we make possible. They seek to clarify and improve law and procedure that will, among other things, help sexual violence victims and young Māori offenders navigate the courts, explore the legal…

One year on – changes to the delivery of legal aid servicesBy Sarah Turner It has been just over two years since I finished serving as Legal Services Commissioner. When the Ministry of Justice reviewed the legal aid administration system in 2016 it saw opportunities to consolidate into a single national…

Auckland barrister Nicola Manning is an experienced criminal defence lawyer. She was an attendee at the Criminal Justice Summit, Hāpaitia Te Oranga Tangata which was hosted by Justice Minister Andrew Little in Porirua from 21 to 22 August. The summit brought together a wide range of perspectives from over 600…

On 31 March 2014 some major changes to the family justice system came into force. They were the culmination of an intense period of debate around the country. This started with the introduction of the Family Court Proceedings Bill by then Justice Minister Judith Collins to Parliament on 27 November…

Practice

Last year, the In-House Lawyers Association of New Zealand (ILANZ) set out a new strategy. We had a new executive manager, a new cohort on the committee and were aware that we are all edging into a new era of how to practise law. Our aim is to connect, support…

Startup marketing techniques for lawyers – Part 1

Law firms can make awkward marketers. Like an overdressed dad trying to hang with his teenage son and his ‘homeboys’, a lot of firms are too traditional and too formal to market themselves effectively. It wasn’t that long ago (in the late 90s, maybe?) that Simpson Grierson made nationwide news by…

New Zealand law firms continue to be threatened by widespread email fraud in which the fraudsters gain access to an email account and advise clients, or their lawyers, of a change in bank account details. Because it is usually connected to expected payments where time is of the essence –…

The Diverse Thinking Capability Audit of New Zealand Boardrooms 2018 report, launched by the Finance Minister Grant Robertson in August, has the potential to increase performance across the justice system – diverse thinking leaders should be in all law firms, at the bar, on the bench, and in juries. The Diverse…

In my August 2018 LawTalk article, “Forming and storming in legal teams – how to make the most of it”, I discussed the upbeat – but sometimes challenging – process of forming a team and the storming phase of team development. Assuming a legal team successfully moves through these first…

Mention to anyone that I provide independent advice on eDiscovery software options, I inevitably get asked: “So, what is the best eDiscovery software”? There is not a simple answer. There is no ‘one size fits all approach’ when it comes to eDiscovery software. Each product has slightly different features, with some better…

The Far North is a vast rural area with a collection of towns of no more than a few thousand population each. But it’s on the rise as people move out of Auckland and elsewhere for a better lifestyle, but those large new homes and baches hide an immense poverty and…

Lawyers Complaints Service

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has struck Robyn Philippa Joy Fendall off the roll of barristers and solicitors. Ms Fendall was found to have been guilty of professional misconduct by reason of disgraceful or dishonourable conduct. Her misconduct related to false declarations made in relation to an income protection…

Michael Brian Meyrick has been suspended from practising as a barrister and solicitor for two years. The suspension has been imposed by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal and is effective from 3 May 2018. Mr Meyrick has retired from legal practice. On 3 May the Tribunal found Mr Meyrick…

Auckland lawyer Rico Scott Horsley has been censured by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. The Tribunal found Mr Horsley guilty of negligence in his professional capacity. It found that his actions were at the lower end of the scale of negligence and noted that it was his first…

Names used in this article are fictitious A lawyer, Radfoot, has been reprimanded, fined and ordered to pay compensation following a complaint that he had failed to transfer ownership of a home as agreed. Radfoot acted for Ms Tapley in a protracted relationship property dispute between Ms Tapley and Mr Plornish.…

Names used in this article are fictitious Failure to reply to a liquidator who was seeking information under the Companies Act 1993 was unsatisfactory conduct, the Legal Complaints Review Officer (LCRO) has found. An accountant, Mr Handford, was liquidator of a company. He complained that Mr Bardell, the partner of law firm…