NZLS | LawTalk issue 931

Oldest law firm in the world: Thomson Snell and Passmore in Kent, England is recognised by the Guinness Book of Records as being the oldest law firm in continuous operation. It was established in 1570 by Reverend Nicholas Hooper, a curate who set up in business as a “Scrivener and…

Our relatively new VW Golf suddenly sickened and was about to die. Embarrassingly it constantly blew out clouds of blue smoke from the exhaust. An engine transplant was prescribed. It was a perfect opportunity to enter the exciting new world of cars which don’t use petrol. Back in September 2018 the…

Being a supporter: What it’s like to live with someone who has a mental illness

It is odd to begin with an apology, but I’m sorry, this article is anonymous. There shouldn’t be stigma discussing mental illness, but as a supporter only half of this story is mine to tell. I understand why my husband is reluctant to be named. He doesn’t want his mental…

Memories of the Auckland Magistrates’ Courts

Sir Ian was admitted as a solicitor in 1957. Over his long career in the law he has worked as a solicitor, barrister, High Court Judge, law academic, arbitrator and mediator. In the first of an occasional series, he turns his memory back to practising in Auckland in the 1960s…

Perched among the human rights law books in Professor Penelope Mathew’s office is a silver motorcycle helmet.

It’s a significant achievement when a law firm gains a major award for gender diversity in the workplace, particularly when the culture of law firms has been a big talking point over the past year or so. At June’s Women in Governance awards, Canterbury law firm Saunders Robinson Brown took home…

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

Animal welfare watchdog needed, study finds

A Law Foundation-backed report is helping drive a push for more effective enforcement of animal welfare law. The report, Animal Welfare in New Zealand: Oversight, Compliance and Enforcement, gained considerable publicity on its release at the end of May around its key finding that less than one percent of complaints under…

At the risk of spiralling off on a personal ramble, I wanted to set the scene by recommending a podcast “Sleepwalkers”, an iHeart Radio production hosted by Oz Woloshyn and Karah Preiss, and the book Thinking Fast and Slow¸ by Daniel Kahneman. “Sleepwalkers” is an exposition on the latest developments in…

After a hiatus in the number of decisions dealing with the issue of enforceability of restraint of trade clauses in franchising, there have now been two in quick succession. The decisions had opposite outcomes for the franchisees. Both franchise systems involved are substantial New Zealand franchise systems, having been in operation…

There are various points at which immigration and family law intersect; whether it is regarding final parenting orders of New Zealand citizen children granted to a temporary visa holder or an adoption order for a surrogate child born overseas. The focus of this piece is the intersection between an application…

Inside the United Nations' Headquarters in Vienna On 3 March 2018, protesters cemented their feet together outside Labour MP Ruth Dyson’s office in Christchurch. Perhaps there was a deeper meaning about the Government sealing its fate; whatever the explanation, it accurately captured public sentiment towards the Comprehensive and Progressive Trans-Pacific Partnership…

In this article, we present two perspectives on an important issue for trustees and families: the legal view from Henry Brandts-Giesen, partner at Kensington Swan, and a humanistic view from David Werdiger, experienced family adviser and international bestselling author on family business and wealth. The legal view – Henry Private wealth is…

Cognitive biases can be used to explain why good people make bad decisions. It is therefore important that we adopt strategies in our decision-making, recognising the positive and negative part cognitive biases play in our lives in order to become better educated and well rounded thinkers. Why do good people make…

In an earlier article I discussed the circumstances in which an arbitration might be the best way of resolving a dispute (LawTalk 930, July 2019, page 34). For those who opt for arbitration, two preliminary steps are required – one, an agreement to arbitrate, and two, choice of an arbitrator.…

Focus on legal practice in the Hutt Valley

Given the proximity to its neighbour it’s understandable that, in many ways, the Hutt Valley is intrinsically linked to Wellington. But, despite the 20-minute drive to the capital, Lower Hutt and Upper Hutt have distinct legal communities, often dealing with issues and situations more in common with many suburban and…

Civil litigation involves the deployment of financial and human resources to obtain – from a state-sponsored jurist or private adjudicator (in private civil matters) – the answer to, mostly, two questions. First, was an act or decision lawful? Secondly, where unlawfulness provides rights for compensation, what is the correct amount…

Some highlights from the 2019 in-house legal counsel surveySince 2014 there has been a 30% increase in New Zealand-based in-house lawyers compared to a 15% increase in all lawyers practising in New Zealand. Earlier this year ILANZ, in partnership with Deloitte, surveyed its members to gain some insights into the…

As a retired barrister (with over 20 years at the Sydney Bar as well) I find myself constantly coming to the conclusion that our court system is grinding along exceedingly slow. In my early days chasing around the courts of Christchurch, plus Wellington and other South Island centres, I recall…

A lawyer has been censured and fined $5,000 because he acted for two parties where there was a more than negligible risk he was unable to discharge his obligations to one or more of the clients. The lawyer’s conduct amounted to a “serious breach of his professional obligations” and “warranted a…

A lawyer has been fined $1,000 by the Legal Complaints Review Officer (LCRO) for continuing to act after it became clear he would no longer be able to discharge the obligations he owed two clients. In LCRO 136/2016, the LCRO found unsatisfactory conduct on the part of M, a lawyer, and…

In June, Facebook, along with a consortium of 27 partners (possibly more by the time you read this), announced the launch of its own cryptocurrency, Libra. Despite their considerable volatility, cryptocurrencies such as Bitcoin have already proven that they are both technically viable and, given the hundreds of billions that they’re…

Digital forensics: The truth of the matter

Digital forensics is the process of interrogating computer systems to see what they know. A good digital forensics investigation can tell you who did what, and when they did it, with good accuracy. We at Pulse Security specialise in gathering computer and device-based evidence to help paint an accurate picture…

Jock Anderson is familiar to many lawyers from his long career as a court reporter and legal commentator and for the popular lawyer profiles he has written every week for the past four years for the Law Society’s LawPoints e-newsletter. For 61 years Aberdeen-born Jock (now 72) had to admit to…

In the southern states of the US the economic importance of slavery and the accompanying belief in the inherent superiority of the white race led to a system of racial segregation that was sanctified by law and practice. Though frequently challenged it became very difficult to change. This is the story…

New Zealand Law Society - LawTalk issue 931

LawTalk issue 931

Some “ests” in the legal profession

Some thoughts from a new EV owner

Being a supporter: What it’s like to live with someone who has a mental illness

Memories of the Auckland Magistrates’ Courts

People in the Law

Professor Penelope Mathew: Refugees and the University of Auckland

Law firm tips the scales and takes out gender diversity award

The Innovators: Michael Heron QC

Update

Animal welfare watchdog needed, study finds

Can we improve jury trials?

Further developments in franchising restraint of trade clauses

Domestic violence and immigration policy

Finding international consensus on ISDS

Perspectives on the disclosure of information to beneficiaries of family trusts

Alternative Dispute Resolution

Cognitive biases: challenging the way we think

How do you start a relationship property arbitration?

Practice

Focus on legal practice in the Hutt Valley

The importance of goals in civil litigation planning and management by in-house counsel

In-house legal – A force to be reckoned with

The court system grinds on slowly…

Complaints decision summaries

Acting for both parties in a transaction

Fined for acting while conflicted

Technology

Libra rising

Digital forensics: The truth of the matter

Lifestyle

One man’s Celtic Crusade …

Civil rights in the United States: using the law to get around the law