At the Tribunals Bar

By Sir Ian Barker QC In the 1960s and 1970s, New Zealand’s closely-controlled economy spawned numerous tribunals which licensed all manner of commercial activities. This social phenomenon was no bad thing for litigators, since success in gaining a licence was often not easy and usually involved a defended hearing and sometimes…

Beyond future-proofing. Lockdown lessons that matter

By Emily Morrow Karen “Toast“ Conger (toastchanges.com), is an Auckland-based consultant and futurist specialising in individual and organisational change. Recently she said “The COVID-19 pandemic represents only the first of many existential challenges humanity may face in the near term. The known unknowns are so significant that they make typical ‘future…

Changes to the Overseas Investment Act 2005

By Pedro Morgan Urgent changes to the Overseas Investment Act 2005 came into force on 16 June 2020 and impact overseas investors purchasing New Zealand businesses, land or other assets. These changes widen the range of business transactions that the Overseas Investment Office must screen under the Act. These measures build on…

Does the legal profession have any interest in the legal rights of accident victims?

By Don Rennie Since 1974 when the common law right of accident victims to sue to recover damages for personal injury was abolished, the legal profession has shown very little interest in ensuring that the statutory ACC scheme adequately replaces common law and former statutory rights of accident victims. Lack of professional…

Electrix Ltd reaffirms NZ quantum meruit position for contractors

By Derya Siva In the recent case of Electrix Ltd v The Fletcher Construction Company Ltd [2020] NZHC 918 Justice Palmer reaffirmed the New Zealand position regarding quantum meruit with respect to contractors seeking compensation for goods and services provided in the absence of a concluded contract (at [80]). Quantum meruit generallyQuantum…

Emerging from COVID-19 The opportunity to adapt and transform the delivery of legal services

By Andrew King Since COVID-19, the legal profession like so many people and industries has gone through a once in a generation transformation. Overnight everyone had to adapt how they worked, often changing traditional practices just to survive. The next few months will be tough for lawyers and their clients. However, as we…

An important step for the future of our profession

This week concludes our month-long consultation with the profession and the public on the proposed changes to lawyers’ conduct rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) and the (Lawyer: Ongoing Legal Education Continuing Professional Development) Rules 2013 (CPD). The proposed rules are a…

Is there something wrong with me?

By Emily Mason Have you ever felt like there’s something wrong with you? You’re not as smart as your colleagues? Not as funny as your friends? Not flexible enough to try that yoga class? Not a good enough parent, friend, spouse? Just not good enough? Do you feel like everyone else has…

Lawyers as Healers of Social Conflict

By Paul Sills We are at a tipping point in our society – with the impact of COVID-19 and now the Black Lives Matter movement challenging the systemic discrimination imbedded in so much of Western society. We have no processes or precedents for either. No economic modelling or blueprints that can readily…

Examine the facts carefully before making allegations

Lawyers have an “obligation to examine the facts carefully before including an allegation of fraud in any civil pleadings,” a lawyer standards committee has said. The committee was considering a complaint against two lawyers, who acted for company A, which had bought a block of land. The land that company A bought…

Public input sought on proposed Conduct and Client Care changes

The New Zealand Law Society | Te Kāhui Ture o Aotearoa is now inviting public consultation into proposed lawyers’ Conduct and Client Care Rules changes around bullying and sexual harassment. As part of its work to help create healthy, safe, respectful and inclusive legal workplaces, the Law Society is seeking consultation…

A letter to the Editor

Many of us will have read the work of Geoff Adlam over the years, either in this publication which he edited or through the many news stories, media releases and editions of LawPoints. After ten years with the Law Society Geoff is hanging up his mouse, handing over the reins…

Key proposals for change to the Conduct and Client Care Rules

This issue of LawTalk appears near the end of the consultation phase on the proposals to change the rules which apply to all lawyers. This summary outlines some of the key changes which are proposed. The full set of proposals has been sent to all practising lawyers and is also available on…

Pro bono clearing house. It may make a difference, but is it the answer?

By Craig Stephen Money allocated for a new pro bono clearing house will make a ‘big difference’ to those in need of support, says Community Law Centres Aotearoa. But a barrister has warned that it does not ‘address the fundamental problem’ of access to justice. The 2020 Budget has allocated $7.7 million over…

Rising to the challenge

How in-house legal teams are dealing with the impact of COVID-19By Andrew de Boyett In early May LOD sent an online survey to in-house legal counsel to understand how the COVID-19 crisis was impacting them and their organisations, and to learn how they are dealing with the challenges that have arisen.…

Sabina Bickelmann: General Counsel, Icebreaker

LawFest organiser Andrew King continues a series of interviews with key legal professionals with their innovation and technology stories. Tell us about yourselfI’ve recently joined Icebreaker as General Counsel and am stoked to be part of such an iconic New Zealand company which is part of global movement striving to create…

Satiu Simativa Perese, Chief Justice of Sāmoa

By Geoff Adlam The new Chief Justice of Sāmoa came to New Zealand for education when he was aged seven. Half a century later, aged 58, he sees his return to live in the country of his birth as the next step of a completion of a journey. “I need to complete…

Some proceedings involving mushrooms

A mushroom for everyoneMeadow Mushrooms Ltd’s advertising campaign featured photos of packaged mushrooms and the text “Fancy a Curvy Earthy Brunette? There’s a mushroom for everyone”. This drew a complaint to the Advertising Standards Authority in 2016 near the end of an extensive campaign in places such as billboards, bus…

Staff wellness in a post COVID world

By Raewyn Ng Never before have we been so preoccupied with health and wellness as we have in the last few months. Wellness is defined by the Global Institute of Wellness as “the active pursuit of activities, choices and lifestyles that lead to a state of holistic health”. It recognises that wellness…

The AML/CFT regime and some miscellaneous issues

By Steve Dukeson Two years on, despite diligently trying to understand and comply with the AML/CFT regime, there are still issues that are unclear to me. The audit of my AML/CFT Risk Assessment and Compliance Programme was undertaken by a firm that is clearly expert on the regime and I learned…

The Cannabis Legalisation and Control Bill 2020

By Oliver Fredrickson On 1 May 2020, the final Friday of Alert Level 3, the Beehive released the complete and final version of the Cannabis Legalisation and Control Bill 2020 (the bill). The bill will be voted on at this year’s General Election, with the two options being: Yes, I support the…

The Criminal Cases Review Commission is underway

By Geoff Adlam A new era in New Zealand’s criminal justice system began on 1 July when the Criminal Cases Review Commission opened for business. The mission of the new Commission is stated on the home page of its new website (www.ccrc.nz): “Anyone convicted of a crime in a New Zealand court,…

What exactly is open source software?

By Damian Funnell Open source software has been around for a while now, but sometimes it’s unclear what ‘open source’ actually means. Let’s take a quick look at the difference between open source and closed source software and why you should care. Put simply, open source software refers to programming code that…