New Zealand Law Society - LawTalk issue 925

LawTalk issue 925

LawTalk issue 925

The first issue of LawTalk for 2019 catches up on a large number of appointments, honours and changes in the profession and judiciary over the last few months. Our focus is to offer commentary and information related to practising law in New Zealand and working as a member of the legal profession. This includes Practising Well, profiles of members of the profession, updates in various areas of the law, ADR, legal practice, a focus on the practice of law in Gisborne, and some lessons learned from serving on a lawyers standards committee.

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Characters in the law

Characters in the law

I loved the article about the bombing of ‘Dickie’ Singer (LawTalk 924, December 2018). It brought back a few memories of characters in the law from days gone by, of which there were rather a lot. Others that spring readily to my mind – and not in any particular order – include…
Consensus Building, Part 5: Reaching agreement and holding the parties to it

Consensus Building, Part 5: Reaching agreement and holding the parties to it

In this final article on the Consensus Building Approach (CBA) to dispute resolution we look at the last two steps in the process: reaching agreement and implementation – holding the parties to the commitments that they have made. Too often participants are focused only on getting to an agreement so…

Should We Legalise All Drugs?

Methamphetamines are not the problem, the gangs are. I have been working and living in the Wellington region as a family lawyer for the past 17 years. Up until around 2013, illicit drugs were not really an issue in any of my cases. Marijuana use featured in some cases, but that…

Playing rights for women, the Pupuke Golf Club case

Surrounded by forest with views over the Hauraki Gulf, Pupuke Golf Club on Auckland’s North Shore describes itself as a great escape from the hustle and bustle of the city. Like most golf clubs it has lawyers among its members, but litigation will be far from their minds as they…

Talking about mental health: A conversation

Sarah Taylor Seth Witherspoon (not his real name) contacted me after reading my article in the October LawTalk (issue 922). He congratulated me for having the courage to share my story and indicated that he’d been through some pretty dark times. “Shining sunlight on this issue is very important,” he said.…

People In The Law

How an Outward Bound experience inspired a lawyer to partnership

Some might be under the impression that outdoor pursuit courses are for adrenalin junkies or people who are attempting to find their inner self or perhaps having a midlife crisis. However, nowadays they’re increasingly tailored to meet the needs of professionals and leaders working in stressful corporate environments. Sarah Scott, a partner…

Peter makes his next move

Widely acknowledged as the ‘go-to guy’ for companies and charities legislation, senior solicitor Peter Weir retired in December after nearly 25 years with the Companies Office. “Some people earn the label ‘indispensable’, but few deserve it quite as much as Peter,” says National Manager, Business Registries, Lawrence Wells.
Lawyer plans to start NZ chapter of charity surfing organisation

Lawyer plans to start NZ chapter of charity surfing organisation

Lawyer Mike Newdick remembers the days of surfing at Takapuna Beach on Auckland’s North Shore during the 1960s. Those youthful beach boy days may have long passed but he still loves riding waves and has also turned his attention to charities that benefit from lawyers who surf. “Back in those days…

Lawyer Karateka!

Auckland lawyer Taufil Omar shares his life-long experience in karate and a recent trip to Japan where he helped his team win a medal. And as he explains, the sport helps him in his daily work routine. We all grew up wanting to be someone else, looking up to a role…

First UK woman barrister Helena Normanton KC commemorated

The Bar in Britain is about to get its first set of chambers named after a woman, Helena Normanton KC, the first woman to practise as a barrister in England. The 218 Strand Chambers, which a set of eight members launched at the start of 2018 in London, was due…

The Innovators: Tamina Cunningham-Adams, Co-Founder & Director, Evolution Lawyers

LawFest organiser Andrew King continues a series of interviews with key legal professionals with their innovation and technology stories.

Update

Price fixing without fixing the whole price

Price fixing without fixing the whole price

On 23 November 2018 the Court of Appeal issued its decision in Commerce Commission v Lodge Real Estate Ltd [2018] NZCA 523. The court held that a number of Hamilton’s biggest real estate agencies breached the prohibition on price fixing in the Commerce Act by reaching an arrangement to move…
The interpretation of contracts

The interpretation of contracts

Those engaged in the ever controversial topic of contractual interpretation will be intrigued by the current spat between Lords Sumption and Hoffman playing out in their recent extrajudicial musings. In the latest Law Quarterly Review, Lord Hoffman has sought to defend the interpretive philosophies that have predominated in the UK…
What is good faith in franchising? Part 2

What is good faith in franchising? Part 2

By Deirdre Watson In Part 1 (LawTalk 924), I explored the concept of good faith in franchising, including referring to some of the more commonly expressed attempts at a definition of “good faith”. I also discussed some of the Australian law and the Australian Franchising Code of Conduct which has, since…

Ensuring ethnically diverse workers do not suffer greater injury and illness

On 14 December 2018, the Superdiversity Institute for Law, Policy and Business released its latest report: Health and Safety regulators in a superdiverse context: review of challenges and lessons from United Kingdom, Canada and Australia. Commissioned by WorkSafe, New Zealand’s primary workplace health and safety regulator, and supported by the Ministry…

Rectification and indefeasibility of title

The equitable remedy of rectification of documents (expressly preserved by ss 22(3)(b) of the Contract and Commercial Law Act 2017) enables a court to correct a document so that it properly reflects the intention of the original parties to that document. The document in question need not be purely contractual –…

Taxing the digital behemoths

The rise of massive digitally-based multinational businesses like Google, Facebook and Airbnb has created an as-yet unsolved problem for governments worldwide: how can they be made to pay their fair share of tax? These companies and other digital giants pay little tax in the countries they do business in, mainly because…

Family protection claim by estranged children in multimillion dollar estate

The 2018 High Court case of Cartwright v Joseph [2018] NZHC 2383 (11 September 2018) involved a multi-million dollar estate where a family protection claim was made by children who were estranged from the deceased. The deceased had made no provision for his daughters, Cathy and Sarah, in his will…

Lawyers Complaints Service

Acted for more than one client

Names used in this summary are fictitious. A lawyer has been fined $2,000 for acting for more than one client where there was more than a negligible risk that he was unable to discharge the obligations owed to all clients. As well as imposing the fine, a lawyers standards committee ordered the…

Sexual harassment of two employees of a law firm at work social functions

A lawyers standards committee has made a finding of unsatisfactory conduct against a lawyer who sexually harassed two law firm employees at work social functions. The committee’s decision has been published on the Law Society’s website. While a standards committee has previously made a finding against a lawyer for sexually harassing…

Fined for not inquiring before filing caveats

Names used in this summary are fictitious. A lawyer has been fined $8,500 for failing to inquire whether there were “caveatable interests” before filing caveats on land titles. When imposing the fine, a lawyers standards committee noted that it appeared that the lawyer, Boythorn, had “no basis to lodge the caveats other…

Frederick William Baker struck off

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has ordered that Auckland lawyer Frederick William Baker be struck off the roll of barristers and solicitors. Mr Baker had pleaded guilty to a number of charges which related to the use of client funds from his firm’s trust account to pay debts…

Instructing solicitor failed to pay barrister

An instructing solicitor failed to provide a lawyers standards committee any evidence that he entered into an agreement that he would not be responsible for a barrister’s fees, the committee found. The instructing solicitor, Zamiel, had therefore breached rule 10.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care)…

Lawyer disclosed confidential information

A lawyer has been censured for disclosing information about a sensitive domestic matter to a third party. In addition to the censure, a lawyers standards committee also ordered the lawyer, Bansad, to pay $1,000 compensation to his client, Ms Stans, for the distress and anxiety she suffered as a result of…

Unsatisfactory conduct findings reversed

The Legal Complaints Review Officer (LCRO) has reversed findings of unsatisfactory conduct by a lawyer, but in doing so stated that the complaint “was justified”. Ms Waterbrook asked a lawyer, Turvey, to act for her on several matters, including the proposed sale of her apartment, enduring powers of attorney (EPoAs) and…

Practice

Lessons learnt from serving on a standards committee

Nine years on a standards committee, six key learningsLesson one: ethical pitfalls are all around usWe are surrounded by potential ethical pitfalls, some more obvious than others. To successfully navigate past these pitfalls, a good starting point is developing an intimate knowledge of the Conduct and Client Care Rules 2008. Lawyers…
Are you being served? Notes from the client’s chair

Are you being served? Notes from the client’s chair

Have you got a favorite café or bar? Why are you loyal to it – the convenience, the calibre of coffee, or the service? There is a high probability that the quality of customer interaction is a contributing factor to your choice. Most of us encounter and evaluate customer service…
What's in a story?

What's in a story?

In-house legal teams strive to add value. The in-house lawyer’s role is to manage risk with a balance of reaching the outcome that the business needs. In-house legal teams want to be involved in high-risk, high-value work. From an organisational perspective this is because the majority of legal risk lies here,…
Focus on ... Gisborne

Focus on ... Gisborne

The most eastern city in the islands is remote, but it’s where lawyers look after each other. Stephen Taylor arrived from the Bay of Plenty a green and enthusiastic lawyer without a friend or relative in Gisborne he could rely on to help him get up and running. Nearly two years later…
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