NZLS | LawTalk issue 932

On 3 September 1869 Parliament passed the New Zealand Law Society’s Act 1869, for all barristers and solicitors of the Supreme Court lawfully practising within the Colony of New Zealand to “for ever hereafter be and be called one body politic and corporate in deed and in law by the…

A 150th birthday is an important milestone, and the New Zealand Law Society is acknowledging the moment in a fitting manner when it hits 150 on 3 September. It’s a long-lived institution, but within the practice of law there are some which are older still. In fact, there are 24…

I started this series a year ago with the aim of destigmatising mental health issues and normalising conversations about mental health in our profession. It’s a work in progress, but feedback I’ve received and conversations I’ve been having indicate that these articles are resonating and we’re on the right track. 23 –…

Online legal information providers look forwards

Great adventures often begin with the assembling of an eclectic band of people unsure of what they are getting themselves into, who then overcome obstacles to unite and save the world. While saving the world was not an official agenda item, it was in a similar spirit that the University…

Rumpole of the Bailey: Where defiance is a virtue

Rumpole of the Bailey was created by British writer (and former barrister and QC) John Mortimer as a defiant criminal lawyer. He first made a television appearance in the week before Christmas 1975 but wouldn’t become a familiar face on British and New Zealand screens until the 1980s. Rumpole of the…

At the heart of the climate change problems the world is experiencing are greenhouse gas emissions into the atmosphere. Climate change is primarily caused by the accumulation of greenhouse gases in the atmosphere due to human activities. These absorb heat from Earth’s surface, warming the atmosphere. New Zealand’s emissions mainly come…

Pushing the boundaries of corporate social responsibility

What started as a lunchtime seminar in a Christchurch law firm was soon to transform into an international partnership with three lawyers travelling to Vietnam to advise an NGO dealing with victims of human trafficking and domestic violence. It was an unlikely but very real experience which for that firm has…

La vie en rose: My experience of the Paris International Training Programme

As the world’s most popular tourist destination, there is a lot to love about France. The country is beloved for its café culture and UNESCO-protected gastronomy, countless landmarks and cultural icons, the romance of Paris, the magic of the French Riviera – the list goes on. While I could spend days…

Nearly two-thirds of New Zealanders support automatic trade union enrolment for new job starters, provided they also have the right to opt out afterwards, according to research conducted as part of a Law Foundation-backed study. What’s more, support for a “union default” policy extends across society, regardless of political, occupational, income…

Climate change is happening, and it is happening now. And it is caused by human activity. There is overwhelming scientific consensus about this (eg, BD Santer “Celebrating the anniversary of three key events in climate change science” Nature Climate Change, 25 February 2019).

In a series of three articles, incorporated societies expert Mark von Dadelszen will look at the proposed reform of the law relating to incorporated societies. This will involve a complete overhaul of the existing century-old legislation. Read part two and part three. A brief history of the reform process An 1895 New…

Just before Prime Minister Jacinda Ardern was visiting Tokelau – the first New Zealand Prime Minister to do so for 14 years – judgment from the first full hearing of the High Court of Tokelau was issued, but in Wellington (Suveinakama v Council for the Ongoing Government of Tokelau [2018]…

The Law Commission has concluded its review of the Property (Relationships) Act 1976 (PRA) by recommending an overhaul of the way couples should divide property when they separate. The Commission proposes Parliament repeal the PRA and replace it with a new Act. Although the new Act would contain some familiar…

On 3 September, the Law Society will arrive at exactly 150 years since it was first organised under the New Zealand Law Society’s Act 1869. I could go on about the detailed history, and what happened in 1897. I could talk about the fact that in that year, not long…

Some experienced New Zealand lawyers who’ve worked overseas in arbitration have returned home for the Kiwi lifestyle and to help create more opportunities for international work now available here. Coming back to the green pastures and, perhaps, the simpler life of New Zealand is not an easy decision to make –…

A feature of arbitration is the opportunity to tailor the procedure to the particular dispute. In choosing the procedure, fairness and efficiency are obviously to the forefront. But equally important is proportionality. Proportionality pegs the time and cost of an arbitration at a level that will be economic for the parties…

Dinosaurs were not quite roaming the earth when I first turned my mind to arbitration as a young lawyer (though my daughter would demur). It’s not that long ago that arbitration was primarily the preserve of lease and construction disputes. Since that time, we have had the almost universal adoption…

Psychology plays a fundamental part in the mediation process. There are five key psychological traits that emerge most often in mediation: confirmation bias, cognitive dissonance, reactive devaluation, reciprocation bias and Hanlon’s razor. This article examines cognitive dissonance and follows on from my previous discussion of cognitive bias. Cognitive dissonance refers to…

The demographic makeup of New Zealand’s legal profession continues to change. While the proportion of women and men practising law now reflects that of our society, the ethnic makeup of the profession still lags behind that of the national population. The information provided here is intended to give an overview…

Recruiting and retaining staff: Standing out to keep good employees

“Any firm that doesn’t see their staff as their number one asset will not prosper.” – Sheryll Carey, ALPMA NZ committee member. According to the 2019 ALPMA (Australasian Legal Practice Management Association) NZ Legal Industry Salary & HR Issues Survey, retention and attraction were the biggest challenges for 94% of responding…

While many people don’t think of themselves as philanthropists – after all, it’s a word that many align with the rich and famous – we find that most people do want to make a difference in the world. And in our line of work we find that philanthropy, or good old-fashioned…

In LawTalk 931, August 2019 our Executive Manager, Gabrielle O’Brien, highlighted some of the key themes that came through in the Deloitte/ILANZ in-house trends survey (“In-house legal – A force to be reckoned with”). Curious to understand whether there were any parallels with our in-house counterparts in other jurisdictions, we…

Henry Clayton I have suffered through periods of high anxiety at times in my career. I’m not sure if that’s the correct term so I’ll tell you what I mean. It’s more than just worrying about things. I was trained to worry about things – to check and re-check my work. And…

Up until very recently it was widely accepted that our destiny, our health, our life, was determined by our genes. We accepted that the sort of health challenges or diseases we might face in the future were written in our genes and that it couldn’t be changed. While it’s true that…

A barrister who failed to place file protection on her work laptop, which was then stolen, has been censured and fined $1,500 by a lawyers standards committee. The barrister, Norfolk, had a separate office on her residential property, which was broken into and her work laptop taken. A complaint was subsequently received…

A lawyer has been fined $5,000 and his employee has been censured after they failed to submit their client’s visa application in a timely manner. A lawyers standards committee found unsatisfactory conduct both by the lawyer, Gloucester, and the employee of the lawyer, Lancashire. The complainants were two foreign nationals who arrived…

A lawyer has been fined $3,000 for discussing his client’s case with another client, for failing to treat his client with respect, and failing to respond to his client in a timely manner. When making the three findings of unsatisfactory conduct by the lawyer, the lawyers standards committee said it considered…

New Zealand Law Society - LawTalk issue 932

LawTalk issue 932

Legal profession history

New Zealand's oldest law firms

Tacos fall apart and we still love them

Online legal information providers look forwards

Rumpole of the Bailey: Where defiance is a virtue

The environmental impact of those electronic things on your desk

People in the Law

Pushing the boundaries of corporate social responsibility

La vie en rose: My experience of the Paris International Training Programme

Update

Default union enrolment widely supported

The Zero Carbon Bill – a framework for New Zealand’s climate change journey

New Incorporated Societies Act — Progress Report 1

The story behind the first Tokelau High Court judgment

Law Commission recommends a new Act for dividing property when people separate

150 years on

Alternative Dispute Resolution

Experienced arbitration lawyers aiming to make New Zealand a Pacific arbitration hub

Arbitrations and Proportionality

Appointing your arbitrator

Cognitive dissonance

Practice

Diversity in the legal profession: At a glance

Recruiting and retaining staff: Standing out to keep good employees

Having the philanthropic conversation: Is it good for business?

Global trends for the in-house legal profession

Practising Well

Anxiety happens to me, and asking for help makes me a better lawyer

Are your thoughts making you sick?

Lawyers Complaints Service

Files on stolen laptop not protected

Censure and fine for delay in submitting visa application

Fined for three rule breaches