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NZLS - HAWKE’S BAY BRANCH
NEWSLETTER
FROM THE PRESIDENT: Issue 45, March 2015
NZLS-HB Newsletter – March 2015 Page 1 of 17
My term as your President is drawing to a close. I must say that I have enjoyed the many facets of this role and I, again, encourage others among you to become actively involved in serving Council and eventually holding office for our local Branch.
My final National NZLS meeting is in Wellington on Friday 10 April 2015. Please let me know if there are particular issues which you wish for me to raise with the National Council. As I stated in our previous newsletter, serving on this Council has been a highlight for me. The National Office staff are interested in and responsive to the issues facing the Bay profession and they have greatly assisted on more than one occasion in lobbying the Ministry on our behalves for better services here.
For example, just recently, as a result of National Office urging, the Chief High Court Judge has advised that the High Court has clarified its approach to admissions ceremonies in the provincial centres, saying that they would continue when High Court Judges were sitting here for trials and other matters. Previously, candidates wishing to be admitted in the Napier High Court were being encouraged to go to one of the larger centres. Our Branch Manager Shonagh Matheson wrote a comprehensive letter to National Office, detailing the importance of admissions in the provinces where supportive and proud families are often located. Our pleas were heard and a reversal of sorts was issued by the Chief Judge, opening the door
again to local admissions where extended family can attend with a minimum of cost and inconvenience. Since our last newsletter, sadly we have lost Kevin Plowman who died on 14 November 2014. Kevin worked at the Napier Courthouse for over 25 years and was such a gentle and efficient presence there. He was especially helpful to our local Branch office staff. The District Court held a Special Sitting for Kevin on 3 December 2014 and I delivered an address to the Court on behalf of all of you. That Special Sitting was attended by Kevin’s family and a large number of Court staff, lawyers, and police. It was standing room only and was a real tribute to Kevin, who is greatly missed.
Another tragic loss is the death of our colleague and friend Tony Taunt on 22 January 2015. Tony was a very able practitioner who had a real passion for the interests of his clients. Many fellow practitioners, Court staff and Judges attended Tony’s funeral in Napier, along with a large number of Tony’s friends from the Outlaws motorcycle group. It is with respect and sorrow that we mark Tony’s passing. We as a profession are poorer without him, as he added a rare dimension to our ranks. Our sincere condolences to Tony’s widow and family.
On 27 February 2015 we managed at last to hold a Special Memorial Sitting for the late Right Honourable Sir Owen Woodhouse. Her Honour Chief Justice Dame Sian Elias presided and joining her on the bench were the Right Honourable Sir Kenneth Keith and the Honourable
Justice Lang. The jury box was filled with Sir Owen’s family, including his sister, two daughters, one son, several grandchildren and nieces and nephews. I again delivered the address to the Court on behalf of you all. Graham Cowley also delivered an address from the bar as a colleague of Sir Owen, followed by remarks from Sir Keith, Justice Lang and Chief Justice Dame Sian Elias. We had a very good attendance from the local bar, including many retired local solicitors who remember the days when Sir Owen was in practice in Napier and served here as Crown Solicitor. We hosted an afternoon tea at the Hawke’s Bay Club, Sir Owen’s favourite haunt, following the Special Sitting. Sir Owen’s family members expressed to me their deep appreciation for the Special Sitting in Napier, a place very dear to Sir Owen’s heart. He was, by far, our most prominent jurist and rose to serve New Zealand in the highest capacities possible for a legal professional. He was an inspiration and will be missed, not only by all of us, but also locally by Napier Boys High School, his alma mater with which he maintained close ties.
Finally, thank you for your support and assistance during my two terms as your President. It is greatly appreciated. It has been a pleasure to represent you.
Carol Hall
NZLS-HB Branch - End of Year Function
Hawke’s Bay Club
Friday 5 December 2014
NZLS-HB Newsletter – March 2015 Page 2 of 17
LOCAL COUNSEL HEAD TO THE PRIVY COUNCIL
Appearing before the Judicial Committee of the Privy Council, New Zealand’s highest appellate Court for all cases commenced prior to 1 January 2004 (when the right of appeal was abolished by the Legislature) is a privilege most litigators in our country only dream of.
However, for Hawke’s Bay lawyers Jonathan Krebs and Ingrid Squire, that dream became a reality recently when together with local private Investigator Tim McKinnel (an associate member of the Law Society), the team represented Teina Pora in respect of his third appeal for justice - this time to the Lawlords presiding over the court of final appeal for the UK overseas territories and Crown dependencies.
The lawlords’ momentous decision to quash Pora’s 1993 convictions, including for the rape and murder of Susan Burdett, followed years of preparation and dedication, more often than not pro bono, from Pora’s local legal team. Our local team of Mr Krebs, Ms Squire and Mr McKinnell fronted on behalf of a large team dedicated to the perceived miscarriage of justice in Pora’s case, including experts and academics from Canterbury University, and two barristers – Kim McCoy from Hong Kong and Malcolm Birdling from London.
Perhaps unsurprisingly, the lawlords impressed as being “genuinely interested, with incredibly sharp minds.” Although the case consisted of over 4000 pages of documents, the lords were “intimately acquainted” with each document. Mr Krebs had barely reached the 4th minute of his opening address when he was bombarded with a series of challenging questions from the bench.
Ingrid Squire describes the Privy Council as “awe inspiring”. The feeling of rising for the lawlords, I am informed, was one of mixed emotions: “we were all nervous, I think. My heart was in my throat!” However, the grandeur and significance of proceedings was not lost on the team as their Lordships rose to exit the Courtroom, the realisation that they could be the last persons standing before the Lords representing a New Zealand appeal sinking in.
To consider that such a landmark case, possibly the last in New Zealand to benefit from the traditional appeal chain, was ably and successfully represented by local practitioners is something that the Hawke’s Bay bar can be immensely proud of.
Not only is Pora a landmark decision in New Zealand’s legal history, it is also a feather in the cap of the Hawke’s Bay bar and yet another string to the bow of local Counsel and Mr McKinnell. The Hawke’s Bay bar is lucky to have members of a high calibre with a grassroots commitment to the pursuit of justice in our country, and this case is yet another fine example of this.
William Story
William Story is a Barrister & Solicitor at Gifford Devine,
and a Hawke’s Bay Branch Council Member
NZLS-HB Newsletter – March 2015 Page 3 of 17
L to R - Tim McKinnell, Ingrid Squire, Kim McCoy,
Malcolm Birdling. Jonathan Krebs
HAWKE’S BAY LAWYERS STANDARDS COMMITTEE
LAWYER MEMBER
Expressions of interest are sought for the position of a lawyer member on the Lawyers Standards Committee in Hawke’s Bay for a term of up to three years. Part 7 of the Lawyers and Conveyancers Act 2006 sets out the requirements for complaints and discipline, and sections 126 to 189 govern the functions, duties and powers of Standards Committees. To be eligible for appointment as a lawyer member of a Standards Committee, a person must have practised as a lawyer for a period or periods aggregating not less than five years. Appointments are made by the Board of the New Zealand Law Society. Candidates must be of good character and possess the skill, experience and judgement needed to deal with complaints and make appropriate decisions. There is a some preparatory work involved and meetings are usually monthly. To obtain an expression of interest form, please contact Shonagh Matheson. Completed expressions of interest forms should be submitted together with a current CV to: Shonagh Matheson Lawyers Complaints Service New Zealand Law Society—Hawke’s Bay Branch P O Box 341 Napier 4140 Telephone: (06) 8351254 Fax: (06) 8351257 Email: [email protected] Applications must be received by 5:00 pm 10 April 2015.
NZLS-HB Newsletter – March 2015 Page 4 of 17
TE REO AND TIKANGA MĀORI WORKSHOPS By Maria Hamilton NZLS-HB is fortunate to be able to offer a 2 part workshop run by Culture Flow. The details and enrolment form will be with you soon. Places are limited to 10. I am taking one place, so there are only 9 left. Here is my motivation explained. I have been searching for a short sharp introduction to Te Reo and Tikanga Māori . This has proved difficult in Hawke’s Bay. My motivation is both professional and personal development. Professionally it is a no brainer that upskilling in all things Maori is sensible. If it is solely money that motivates, then take a quick look at the Maori economy. The Ministry of Business, Innovation and Employment statistic show that the Māori economy in 2010 had an asset base of $36.9 billion. It will have grown. If you are providing legal services to the movers and shakers of that economy, it is good business and downright polite to pronounce names correctly and show respect and understanding of basic culture. When I was a new graduate one of the first bits of advice I got was that clients will forgive you most things, but don’t get their names or their money wrong. Many official functions, and most conferences incorporate Te Reo. Those who had the privilege of attending the recent Memorial Sitting for the late Sir Owen Woodhouse would have heard Dame Sian Elias opening the sitting and greeting those present in Te Reo. I would love to have the confidence to use Te Reo when appropriate. At present the risk of me offending is too great, I think. Personally my motivation is wider. I want to be confident in using Te Reo in meetings and in greetings on an everyday basis. I want to understand the news readers. I want to feel pride in my kiwi identity and have that pride based on sound knowledge. I believe that my kiwi identity encompasses Māori culture. The Hawke’s Bay Branch is delighted to be able to present a Te Reo and Tikanga Māori workshop. Registration forms will be sent out shortly. Come along and have all your questions on Te Reo and Tikanga Māori answered by an expert.
Maria Hamilton
NZLS-HB Council Member
WHAT ALL LAWYERS (INCLUDING BARRISTERS) NEED TO KNOW ABOUT HANDLING CLIENT MONIES
The compliance cost of running a trust account is not unduly onerous and when weighed against the risks of not running one when handling client funds there is no real choice. A salutary reminder is provided by the Disciplinary Tribunal in [2014] NZLCDT 82 LCDT 014/13. In this matter a Barrister breached the Intervention Rule by not having a solicitor accept fees and taking them in advance without having them deposited in a solicitors trust account, as well as failing to act in a timely and competent manner. He was struck off for this and for failing to produce documents for the investigating Standards Committee. And by the Legal Complaints Review Officer in: BW v NA LCRO 266/2012 and 269/2012 (9 June 2014) The Standards Committee found that the lawyer had breached Conduct and Client Care Rule 9.3, and Trust Account Regulations 9 and 10 by receiving funds from a client in advance of providing legal services and failing to pay them into a trust account. GB v PW LCRO 140/2012 A Barrister took instructions and fees directly, without reference to an instructing solicitor, in breach of the Intervention Rule. Regardless of the Intervention Rule; Barristers cannot receive or hold money or other valuable property for or on behalf of another person as they are not permitted to operate a trust account. Accordingly barristers cannot hold fees in advance as these are deemed to be trust funds until such time as an invoice is issued for work and services have been rendered. Fees paid in advance must be held by the instructing solicitor who must operate a trust account. The solicitor holds such funds in the trust account in the name of the client and subject to the client’s instructions at all times. This requirement also has application to those Solicitors who operate without a trust account. There is occasionally encountered an argument that a practitioner can take fees without a trust account because the funds received are simply payment of an invoice issued in advance. This defence argument was raised and rejected in [2014] NZLCDT 82. In that decision the Tribunal said at [15] -
“The practitioner is wrong to take that position. The Tribunal refers to its decision in Canterbury Standards Committee v Parsons [2013] NZLCDT 48. The argument in that case was that the practitioner (as here) claimed that he was exempted from trust accounting requirements because he billed clients in advance of work undertaken. The Tribunal held that even if monies were only received on advance issued invoices (as is claimed by the practitioner) there was no exemption from compliance with the trust accounting requirements.”
And at para [41]:
“The Tribunal also wishes to record that even if it had not been the case that some client payments were received prior to invoice, it does not consider that Mr Parsons was free to create a system that attempted to by-pass trust account obligations by billing fees and disbursements in advance. It is one thing to bill clients for work done and disbursements that are to be paid, but another thing completely to always bill clients in advance of work being undertaken, so that it could be said that money has not been received for or on behalf of any person and thus no trust account was required.”
The operation of a trust account need not be unduly onerous; if volumes of transactions are minimal a modest manual trust account can be implemented and operated with ease and efficiency. If volumes are substantial then a more comprehensive trust account will be warranted but it should ‘earn its keep’ as a tool. Modern software should not just enable the firm to complete the reconciliations with relative ease but also provide additional features; for instance generating reporting statements automatically. This can save valuable time. This article by Philip Strang, NZLS Inspector, is based on an article that first appeared in Canterbury Tales Feb 2015 vol.21, No.1, published by Canterbury Westland Branch of NZLS.
NZLS-HB Newsletter – March 2015 Page 5 of 17
SPECIAL SITTING FOR
SIR OWEN WOODHOUSE ONZ KBE DSC
FRIDAY 27 FEBRUARY 2015 at 3:30 PM
By Carol Hall
On Friday 27 February 2015 at 3:30 pm we honoured Sir Owen Woodhouse at a Special Sitting in the
High Court at Napier. It was presided over by the Chief Justice Dame Sian Elias who was joined by Sir
Kenneth Keith and Justice Lang.
Sir Owen Woodhouse was, by far the most prominent jurist to come out of Napier. As Justice Peter
Woodhouse stated in his apology to us, Sir Owen’s Napier associations meant a very great deal to him.
And Napier thought a very great deal of Sir Owen, as well
Sir Owen says it best in his autobiography when he notes about himself and his wife: “We both grew
up in Napier. It was our firm and settled anchorage, despite absences, sometimes lengthy, for reasons
of education or for journeys overseas or because of the demands of a second world war. In Napier
we were married in 1940. There, too, all of our six children were born. It was a wrenching affair for us
both to take up a challenge which required a move away.”
Arthur Owen Woodhouse was born in Napier on 18 July 1916. His father Arthur James Woodhouse had
immigrated to Napier with his parents in the late 1800’s when Arthur was a child. Arthur’s father
James, Sir Owen’s grandfather, worked as a travelling salesman in Hawke’s Bay for one of the
merchants in Napier. Arthur, Sir Owen’s father, grew up to become an accounting clerk in the
mercantile local firm of Williams & Kettle.
Because the family lived on Napier Hill, Sir Owen began his education at Napier Central School in
1922. He went on to attend Napier Boys High School and it was on his first day of school there, on 3
February 1931, that the worst natural disaster in New Zealand’s history occurred.
Sir Owen remembered vividly standing outside for the first formal parade following assembly when the
earthquake struck that fateful morning. The playing fields swayed like the sea and boys all around him
were thrown off their feet. School buildings were collapsing in clouds of dust.
Sir Owen recalled: “At the time, my immediate reaction was an absurd satisfaction that I was still on
my feet when so many had fallen over. I decided to sit down.”
It was in Napier that Sir Owen first began his love affair with the practice of law. In was in the old
Napier Courthouse (now the Department of Conservation Building) where Sir Owen’s father took him
as a schoolboy to a Supreme Court sitting in order to discover what happened when a case was
heard. It was Sir Owen’s father’s advice that Sir Owen study law so off they went to listen to the
“courteous but frightening Crown Solicitor in Napier [who was Hugh Butler Lusk] laconically strip away
the bluster of some unfortunate in the witness box”.
Sir Owen went on to recall: “The practical example of Lusk in the Courtroom helped me decide at an
early age that my father’s choice about my future was correct. I would like to become a lawyer.”
Leaving Napier to study law in Wellington or Auckland was out of the question in 1932, deep in the
Depression. So Sir Owen worked extramurally, as was possible in those days.
Sir Owen commenced his legal career at the age of 16 as the office junior for Humphries and
Humphries at 10 shillings a week. He began the process of learning the law from the ground up.
…/cont
NZLS-HB Newsletter – March 2015 Page 6 of 17
When this job was taken by a more qualified applicant, there was nothing
else to but to leave the Bay to attend university and study law. Sir Owen’s
father took out a mortgage for the first time in his life and sent Sir Owen to
university in Auckland to study law there from 1935 to 1939. He completed his
LLB in 1940.
Upon his graduation, armed with a law degree, Sir Owen accepted the job
as managing clerk with the Napier firm Kennedy Lusk & Willis. He accepted
this job a few days before World War Two was declared.
Hugh Butler Lusk was still Crown Solicitor for Hawke’s Bay upon Sir Owen’s
arrival back into the local legal world in 1939 following university.
Laurence William Willis became a partner in the Kennedy & Lusk firm in 1923. He became the Crown
Solicitor on Mr Lusk’s death in 1942.
Originally Sir Owen and his fiancée Lady Margaret (Peggy) Thorp had planned to marry on 15 July
1940 but when he was called up to active military service, they hastily moved the wedding up to 24
June 1940 and were married at St John’s Cathedral in Napier. Their wedding reception was at the
family home at Clyde Road on Napier Hill and they honeymooned in Taupo.
Their first child, a son Roger, was born the following year.
The war was soon to separate this young family. Sir Owen left out of Auckland for the war in Europe
on the Dominion Monarch on 8 January 1942.
Sir Owen served with the Royal New Zealand Naval Volunteer Reserve, and, following training in the
UK, was assigned to service in the Mediterranean commanding Motor Torpedo Boats, the little fast
boats that intercepted and destroyed many axis ships in that area of the war.
Later Sir Owen served as the liaison officer with the Partisans in Yugoslavia. Following that he was the
Coastal Forces Intelligence Officer in Italy and the Adriatic.
At the end of the war he served in the British Embassy in Belgrade in 1945.
For his naval operations in the Adriatic during the war, he was awarded the Distinguished Service
Cross in 1944.
In 1946 Sir Owen sailed home to New Zealand from Europe on the HMS Victorious. He was a Lt
Commander in the Royal New Zealand Naval Volunteer Reserves and was the senior naval officer of
the Kiwi forces aboard that ship.
He returned to Napier to his wife and their now five year old son.
Sir Owen rejoined the local firm Lusk Willis & Sproule. Sir Owen was admitted to the bar on 15 May
1946 on the motion of Mr Laurence Willis in the Courtroom in Napier that first inspired him as a boy.
He was immediately thrown into civil and criminal litigation, doing battle against senior barristers
(one soon to take silk) when influenza suddenly struck down Mr Willis the night before a five day trial.
Sir Owen also found himself appearing before the Court of Appeal less than a year after he was
admitted to the bar.
At this time, because of his Embassy work in Belgrade after the war, he was actually offered a place
in Wellington with the newly formed External Affairs Department with the promise of an overseas
post, but he did not want to leave the practice of law in Napier.
…/cont
NZLS-HB Newsletter – March 2015 Page 7 of 17
Sir Owen during WWII
As a result of his very able skills, Sir Owen became a partner of his
Napier firm in 1947. The new firm was renamed Lusk, Willis, Sproule
& Woodhouse.
Sir Owen became Crown Solicitor in Napier in 1953, succeeding
Mr Willis. He was known as a Crown Prosecutor for erring on the
side of leniency, as he was passionate about ensuring that the
accused received full justice.
Sir Owen also served as counsel for a Commission of Inquiry on the Fluoridation of Public Water
Suppliers.
In 1961 at the age of 44 he was appointed a Judge of the Supreme Court (which was later the High
Court). He was sworn in as a Judge in the same Napier Courthouse where he first watched then
Crown Solicitor Mr Lusk as a schoolboy.
During 1966 and 1967 Sir Owen was the Chairman of the New Zealand Royal Commission on
Compensation & Rehabilitation. The outcome of that Commission was known as the Woodhouse
Report which recommended that New Zealand introduce a no fault accident compensation
scheme. The subsequent Accident Compensation Act entirely changed the personal injury regime
in this country.
He is called the architect of ACC.
Sir Owen’s outstanding work in this area became widely known overseas, and gained him an
international reputation in this field.
In 1973/1974 he was invited by the Prime Minister of Australia to chair an inquiry into similar questions
in relation to personal injury there.
In 1971 Sir Owen was appointed a Judge of the Court of Appeal, serving as President of that Court
from 1981 to his retirement in 1986. It was in 1986 that that Court announced that Judges would, as
an experiment, cease to wear bench wigs. The experiment continued for a decade until it became
permanent.
In 1974 he became a member of the Privy Council and sat in London with the Judicial Committee of
the Privy Council for a few months in 1981 and again for six months in 1985.
Also in 1974 he was made a Knight Bachelor.
He was awarded an Honorary LLD in 1978 by Victoria University in Wellington and another Honorary
LLD in 1981 by the University of York in Toronto, Canada.
In 1981 he was honoured with a KBE – Knight Commander of the Order of the British Empire.
In 1986 he was the founding President of the Law Commission and served on that Commission until
1991. One of the more significant projects of this Commission during his tenure was its review of the
courts following the government’s plan to abolish appeals to the Privy Council.
In 1987 he served as a member of the international tribunal which assessed damages to be paid by
France following the sinking of the Rainbow Warrior.
He was appointed to the Order of New Zealand in 2007.
Four of his six children followed him into the law – sons Peter, John and Timothy and daughter
Margaret. He was proud to order the admission of them in the very same Napier courthouse that
started it all. His daughter Margaret was admitted by her father on the motion of her three barrister
brothers, Peter, John and Timothy.
…/cont
NZLS-HB Newsletter – March 2015 Page 8 of 17
Four of his grandchildren continue the family legal tradition started by Sir Owen. Nieces and
nephews and at least one great niece have also become lawyers.
While practicing in Napier, Sir Owen played an active part of our local Law Society, first becoming
secretary and later being elected to the Council. At the time of his appointment to the Supreme
Court in 1961 he was Vice President of the Society.
Retired members of our Society who I spoke with about him have said that they all admired his war
record.
Sir Owen himself said that his experiences in the war probably made it easier for him and at an
earlier age to avoid too much excitement about storms in peacetime teacups or sudden theatrical
cries of foul by an opponent in Court. His commanding MTB’s in the war with men completely
dependent on his sudden snap judgment and skill and “to go looking for the other crowd in the
dark with always the ultimate issues at stake is something which normally would be quite outside a
man’s experience”. Sir Owen believed that his war duties helped him maintain some sort of
equilibrium when confronted with the challenges of litigation. As a result, he was an unflappable
lawyer.
Sir Owen was also known as an extraordinarily humorous man – with a top class and lively wit. He
was a charming dinner companion at our local bar dinners.
He had a huge affection for Hawke’s Bay which lasted throughout his life.
Sir Owen pursued a brilliant legal career unequalled by any Hawke’s Bay barrister and solicitor.
Carol Hall President
NZLS-HB Newsletter – March 2015 Page 9 of 17
LAW LIBRARY NEWS Additional features available on new equipment
The computers at the Napier and Hastings libraries have recently been upgraded and additional features are now available. The biggest change is that you are now able to save documents to a USB drive or to the computer where you can attach it to an email through your own webmail account, instead of printing it out at the library. You can now also open and print Word documents as well as PDFs. There are still no editing facilities, however you may have access to your own online editing programme such as Office 365 or Google docs, which would allow editing and printing at the library. Urgent research Did you know that the NZLS library offers an urgent research service for information needed within four hours. So if at 3 pm you realise that the sentencing or hearing is tomorrow and not next week, we can do the research for you. We do encourage you to be organised and ask ahead of time, but we are here to help when an emergency arises. Urgent research costs $60 per quarter hour (non-urgent research is $40 per quarter hour). For urgent research it is best that you phone us first so that we can discuss your deadlines. Ring 09 303 1020 to request this.
And did you know that the NZLS Auckland Library is staffed until 8pm Monday to Thursday? E-books available The NZLS Library offers access to a number of electronic books. For the moment these are not able to be borrowed but can be used in the libraries around the country, either on the library computers or Wifi network. These include a number of very relevant texts such as Taylor’s Judicial Review book, Burrow’s Statute law in New Zealand and the Public Law Toolbox. You can see what books are available here (http://www.lawsociety.org.nz/law-library/library-databases/eBooks)
New Zealand Gazette online now official publication Over the last couple of years the New Zealand Gazette (https://gazette.govt.nz/) has been moving towards online publication. This is now a reality. Notices published online from Monday 20 October 2014 are the official publication and authoritative constitutional record. Keep up to date You now have an easy way to keep up to date with the latest journal articles via the Library catalogue. PDF’s of current tables of contents pages are added to journal records on our catalogue. A “Tables of contents” tab on the catalogue toolbar, lists new journal tables of contents. Legal Research Don't forget that the Auckland NZLS Library has well qualified and experienced researchers available to help you find the information you need for your court case, sentencing, opinion or client advice you are preparing. NZLS research provides a quick turnaround of requests and access to all the library’s resources. Contact [email protected] (ph: 09 304 1020)
JANICE WOOLFORD
LAW LIBRARIAN, AUCKLAND NEW ZEALAND LAW SOCIETY LIBRARY, AUCKLAND
lawsociety.org.nz/library|my.lawsociety.org.nz
High Court Building, Parliament Street DX CP 10008 | PO Box 4416, Shortland St, Auckland 1140, New Zealand
NZLS-HB Newsletter – March 2015 Page 10 of 17
L to R—Justice Faire, Jessica Watterson, Sarah Beckett
Recent Admission Ceremonies
held at the Napier High Court
Heather Bosselmann 19.08.14
Nathaniel Parker 19.08.14
Stephanie Unsworth 23.09.14
Jessica Watterson 11.11.14
Upcoming Admission Ceremonies
Emma Sye 30.03.15
Kieran Kiddle 30.03.15
REMINDER
NZLS CLE SEMINAR PROSPERING AS A SMALL TO MID-SIZE BUSINESS
Competition for legal services has never been tougher than it is today. The competition is not just from other firms, but from the explosion of knowledge and resources available on-line to anyone who wants to access them. So what are the secrets of the firms that are right now laying the foundations for continuing prosperity in twenty years’ time? And what are the characteristics of those that may, sadly, be on a downward slope to oblivion? Prospering as a small to mid-size business is a half-day workshop that will challenge you to act now to secure an ongoing prosperous future for your firm. For information and to register and pay online, go to: http://www.lawyerseducation.co.nz/shop/Workshops+2015 If you have any questions, please feel free to contact Raewyn Midwinter at NZLS CLE Ltd by email — [email protected]
CRYPTOWALL MALWARE ALERT
Many of you will know about malware that encrypts
data in order to collect a ransom for its
decryption. This type of malware is on the increase
and you should be vigilant. It typically arrives as an email attachment - often in a .zip file and
purporting to be a resume, invoice or similar.
Any email containing unsolicited attachments from
unknown sources should be deleted unless you
have good reason to think they do not constitute a
threat. The content of the email usually gives a
good clue - use of bad grammar and inappropriate
greetings are often used. At worst, you might delete
a genuine email in which case you will probably
get a second email - from the same address and
we can assess the threat at that point.
Please be vigilant.
We hope to be able to publish in the next Branch newsletter the sad story of the inconvenience caused when a law firm is attacked by this malware.
Admission Ceremony of Jessica Watterson 11 November 2014
NZLS-HB Newsletter – March 2015 Page 11 of 17
ANTONY JOHN (TONY) TAUNT (31 May 1960 - 22 January 2015)
By Dinah Kennedy
Tony Taunt was a special man. His death at the age of 54 has left us with a sense that something unique has gone. Tony came late to the legal profession. He had started work as a fitter/welder, then, after a number of positions got into the logging industry where he was a leading hand. When he had the motorcycle accident in which he lost his leg, his employment options were severely limited. He had problems with ACC and after an early success battling them (one of many) he decided to pursue the study of law at Victoria University. He continued successfully (assisted by barrister Steve Manning who also lectured him at University), to get ACC to fund his studies and eventually graduated with his Bachelor of Laws at the end of 2004. He did his Legal Professionals course in Wellington and then went to work for the Community Law Centre in Hastings followed by a 12 month stint with John McDowell in Napier as a staff solicitor. I first met Tony in 2006 when I interviewed him for a job as a staff solicitor at Bramwell Grossman in Hastings. He got the job and came to work for me for the next 4 years until he decided to go out on his own at the independent bar. In a sense his legal life came full circle when he set up his bar practice at the offices of his old mentor John McDowell. When he worked at Bramwell Grossman he undertook work in civil litigation and family law, with the occasional venture into criminal law. He also assisted clients in the buying and selling of property , taking will instructions and all that general work expected of provincial lawyers. He became familiar with the mental health jurisdiction and continued to do that and family law work at the bar. Even though he worked from Napier he remained on friendly terms with the Hastings solicitors he had worked with when practising there and would often drop into our office for a catch up, or a coffee over at the Opera Café. There was the touch of the larrakin about Tony. He was never one to obey meaningless rules and when he had the big heart attack in 2013, walked out of the local hospital one night and later discharged himself from Wellington Hospital when he thought he had had enough. He was never one to complain about discomfort. I know his prosthesis gave him significant discomfort a lot of the time but I never once heard him complain. You always got the impression that he did not care much about his health; there were too many trips to make on the back of that bike with his mates.
He accepted people for who they were and remained loyal to old friends who might have caused some eyebrows to raise among the legal fraternity. He was proud to call Helen his wife and enjoyed the fact that she was such a vibrant personality. He wanted the best for his children: Emma and Simon here in Hawke’s Bay and Josh in Australia, and he talked about them often over the years. The arrival of grandchildren brought a special joy to his life. Because of his unassuming, cheerful and no-nonsense approach to life he was well liked by the legal profession here in Hawkes Bay. He was completely original. He was, and will continue to be, a source of inspiration and a shining example of what one man with determination and application and sheer doggedness can achieve. Valé my learned friend and special person - Valé Tony.
Dinah Kennedy is a partner at Bramwell Grossman, Hastings
NZLS-HB Newsletter – March 2015 Page 12 of 17
The Public Defence Service (PDS) is now the largest national criminal legal practice in NZ based on the international
model of mixed public/private legal aid provision. PDS lawyers are salaried lawyers employed by the Secretary for
Justice under the Legal Services Act 2011. The PDS provides independent criminal defence services to legally aided
clients and duty lawyer services in major metropolitan courts throughout New Zealand. We also provide mental
health services and Court of Appeal and Supreme Court services.
The PDS takes up to 50% of the available criminal casework in the courts we operate in for PAL 1 and 2 cases.
People charged with offences carrying a maximum term of imprisonment of 10 years or more (PAL 3 & 4), still have
choice of counsel, provided that lawyer holds the appropriate approval for the work. Those who do not choose
their lawyer for PAL 3 and 4 cases will be assigned a lawyer on rotation by Legal Aid Services.
In Hawke's Bay, there are three lawyers who work from the Hastings Court (Antony Willis, Will Hawkins and Darren
Foster) and one who works from the Napier Court (James Rainger). As Deputy Public Defender Hawkes Bay, I
oversee their work and manage my own caseload. I report to the Public Defender Northern, who has responsibility
for all offices north of Wellington. In addition to the lawyers, there are three full time support staff. We are
situated on the corner of Station Road and Dalton near the Napier District Court, police prosecutions and the
Crown. In Hastings, we operate from an office in the Court building itself.
The PDS has a strong client focus and provides full information on responsibilities and obligations to all clients.
The nationwide objectives of the PDS are to:
provide high quality, consistent, independent, value for money services to legally aided persons;
improve system flexibility and provide opportunities to test different approaches to meeting cultural and
other needs of clients;
provide opportunities to test new and innovative approaches to the management of legal services, and to
encourage the development of areas of expertise; and
improve the Ministry's understanding of issues facing private practice lawyers when providing legal services
to the public by collecting benchmark information.
PDS by the numbers:
10 offices nationwide (Wellington, Christchurch, Dunedin, Hawke’s Bay, Auckland, Manukau, North Shore,
Waitakere, Hamilton and Tauranga) and National office.
Service 15 District Courts, their related High Courts, the Court of Appeal and the Supreme Court
Around 190 staff nationally, around 140 are lawyers, 45 administration and support staff and 5 national
office staff.
We receive around 16,000 cases nationally each year
Matt Dixon Deputy Public Defender and NZLS-HB Branch Council Member
NZLS-HB Newsletter – March 2015 Page 13 of 17
THE EBBETT CUP GOLF COMPETITION
The Ebbett Cup is an annual golf competition between Lawyers and Bankers and can trace its origins to 1937 when George Ebbett, a former Mayor of Hastings and a founding Partner in the then firm of Ebbett and Gifford, Hastings, donated a “fine silver cup” to be played for between “combined teams of Lawyers and Bank Clerks”. This annual competition had hardly begun when World War 2 interrupted regular play. A newspaper clipping from the time records the playing of the first match, won by a Napier team comprising WT Dobson, AD Wilkinson, C Milne and RC Connell. In 1946 it was reported that the Ebbett Cup had found its way down to Waipukurau and in the possession of IWN Mackie. Two years later a bid to revive the competition was successful, it being recorded that the Waipukurau team had won the trophy. Since then, the competition has continued on a regular basis. An examination of the trophy details the many winners of the competition and contains the names of illustrious members of our profession who have since passed on. It also provides evidence of those periods when the trophy, for reasons that are somewhat unclear, has periodically gone missing. There are gaps where the winners have not been recorded. The cup is not without its own story and legend, particularly during those periods when it has gone missing. Presumably, winners have won the trophy and placed it in a safe place, only to forget where they have placed it. Many years ago, the cup was located in the strong room of a Napier Bank, shortly before the building’s demolition! It is also understood that the cup was valued in the 1980’s for insurance purposes and its then value placed at $3,000.00. The cup is presently in safe keeping with Shonagh Matheson, pending a decision by the event committee as to when and where the next Ebbett Cup competition will be played. Generally the competition is held on one of the four local golf courses in Napier and Hastings with the occasional excursion to Waipukurau. On those rare occasions, our Central Hawkes Bay colleagues always rise to the occasion and put on a very good day. Sadly, in recent times the competition has not been as well supported by the Lawyers as it should be. This is a pity, because the event is a great opportunity for us all to get out of the office and get to spend an enjoyable time with colleagues we don’t see that often. The Bankers always supported the event, but even changes in that industry in recent times has meant that less competitors are able to attend. The event includes retired Bankers and ex Bankers who still work in the Financial Services Industry.
The Ebbett Cup Committee is currently attempting to determine when and where the next Ebbett Cup event will be held. When the date is known we will all be given plenty of prior notice. Please support the event, it is a great day and lots of fun and camaraderie. The event caters for all levels of skill so no-one should be deterred from entering.
Graeme Mansfield NZLS-HB Council Member
NZLS-HB Newsletter – March 2015 Page 14 of 17
NZLS-HB Newsletter – March 2015 Page 15 of 17
Are you confused?
The Hawkes Bay branch of
invites you and your associates/ guests to
The Amalgamation Debate between
Napier Mayor Bill Dalton and Hastings Mayor Lawrence Yule
Chaired by Jonathan Krebs from Shakespeare Chambers
To be held on
Thursday 16th April 2015
At East Pier – Ocean Suite
From 4.00 – 5.00pm
Registration cost of $20.00 covers venue hire and nibbles. Cash bar.
Attendance by registration only
Register by Friday 10th April 2015 at: http://ifa.org.nz/consumers/events/eventdetail.php?eid=815
Reference: Hawkes Bay Branch Debate Inquiries to Paul Sewell from Financial Advice Hawkes Bay Ltd, [email protected] - 834 0974
NZLS-HB Newsletter – March 2015 Page 16 of 17
NZLS-HB Newsletter – March 2015 Page 17 of 17
DATES TO REMEMBER
COMINGS AND GOINGS IN THE HAWKE’S BAY PROFESSION
YOUR CONTRIBUTION
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publication in the newsletter,
material which may be of
interest to readers.
The newsletter has a circulation
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The NZLS Hawke’s Bay Branch
Newsletter is published by the
New Zealand Law Society
Hawke’s Bay Branch (NZLS-HB
Branch). The opinions expressed
herein may not necessarily be
those of the Council of the NZLS-
HB Branch and have not been
expressly authorised. The NZLS-
H B B r a n c h a c c e p t s n o
responsibility whatsoever for any
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not be reproduced in whole or part
without the consent of the NZLS-
HB Branch.
ADMISSION CEREMONIES @ High Court Napier Emma Sye - 9:30 am on Monday 30 March 2015 Kieran Kiddle - 9:30 am on Monday 30 March 2015
NZLS CLE SEMINAR: Prospering as a Small to Mid-size Business Napier - Thursday 9th April 2015 UPCOMING EVENTS: - Note your diaries!
Seminar: The Basics of Social Media for Lawyers 4 pm on 21 April 2015 (further details to be advised)
Te Reo and Tikanga Māori Workshops 24 April & 8 May 2015 (further details will follow)
Annual General Meeting 19 May 2015 @ Clive River Bar (details to follow)
Libby Inger from Business Central Inc to Inger Bates Ltd Karl Sandbrook from Holderness Mansfield to Don Kennedy Satchie Govender from Cathedral Lane Law to Barrister Sole, Havelock
North Stuart Webster from Sainsbury Logan & Williams to sole practice in
California, USA Erin Coleman from StockCo to Carlile Dowling New Members Jeanne Denham to Luscombe Legal Rebecca Gates to Fairbrother Family Law Aroha Cooper to Ministry for Primary Industries Departures Megan Inwood from Public Defence Service Sandra Wilson from PricewaterhouseCoopers Retirements Tony Redmond retired from partnership of Bisson Moss, continues at the
firm as a Consultant. Martin Doole retired from partnership of Carlile Dowling, continues at
the firm as a Consultant.
Lighter Moments ….
In Titirangi, before Judge Callander, upon sentencing a young man who urinated over a milk crate:
Judge: You picked the wrong Dairy to pee over Defendant: Why? Judge: Because that is the Dairy where I buy my milk. Counsel: Were you acquainted with the deceased? Witness: Yes Counsel: Before or after he died? A note found in a jury room after a rape trial of a defendant named McPhee: There was a young man named McPhee Who took a girl down by the sea It was all very sensual But far from consensual And thus we find him “Guilty!”
