Embed Size (px)
Citation preview
Council BriefIssue 467 June 2017
The monthly newspaper of the Wellington Branch New Zealand Law Society
Wellington
ISSN 2382-2333(Print)ISSN 2423-0103 (Online)
INSIDE:Hon Paul Neazor 3Gender equality 4Legal executives 5Drive to Mongolia! 8
As I write this, nominationsfor the Branch Council have
just closed. I am looking for-ward to report on the newCouncil at the coming Branchannual general meeting, butbefore then I’d like to warmlythank my colleagues on thepresent Council for theirthought, effort and com-mitment in the last year.
Two-year termAs previously reported, new
Council members from this yearwill be elected for a two-yearterm. For those who expressedconcern that the two-year termcould reduce accountability, Ireiterate the assurance that theCouncil will continue towelcome Branch members’views and feedback. The comingAGM is clearly an importantopportunity to have thatconversation and I urge you allto attend.
In my view, the two-year termbrings opportunity; allowing theCouncil to develop andimplement a stronger strategicfocus. One key theme I’ll beasking the incoming Council tolook at is to examine the role thatit can play in highlightingpractitioner health and well-being. Too many of us know ofcolleagues in law who havesuffered from, or sadlysuccumbed to, ill health andother stressors. Too many ofthose colleagues did not, or feltthey could not, seek help orsupport.
Healthy lawyersI commend to you a seminal
report by researchers JenniferMoore and Donna Buckingham(University of Otago) and KateDiesfield (AUT). As they report*,international research hasdocumented high rates ofdepression, anxiety and sub-stance misuse in the legalprofession. Further, impair-ments resulting from medicalconditions or substance abuse
are frequently found indisciplinary cases, where thatimpairment contributed to, orcaused the alleged misconduct.The authors’ analysis of the 74disciplinary tribunal decisions2009-2013, found 21 involvedimpaired lawyers. The maintypes of impairment weredepression, anxiety, substancemisuse and stress. The studyreinforces the importance of theNew Zealand Law Society’s“Practising Well” initiative – andits aims to raise awareness ofissues that can bedevil us,promote positive strategies andminimise the adverse personal,family and professional impactof such issues.
It is a reality that all regulatoryauthorities face, and a balancethat each must find; maintainingprofessional standards throughrobust processes to ensure thatthe profession both meets itsobligations to, and retains theconfidence of, the public itserves. Clearly, as lawyers, themaintenance of professionalstandards will always be fund-amental to what we expect of theLaw Society as a regulator. Butequally, as a profession, we mustaccept that we have obligationsof self-regulation and obli-gations to our peers.
‘Practising Well’The report authors highlight
what they call a “therapeuticjurisprudence orientation” inthe regulation of health prac-titioners – and it’s true that thelegislation governing healthpractitioners is more enabling intargeting and responding tohealth issues. That said, I know,through the Practising Wellinitiative and other strategicwork within the Law Society,that the Society is doing what itcan to tackle this complex issue.
The questions remain. Whatcan we as a profession do tosupport our colleagues? Whatcan your Branch Council do toidentify opportunities and effectchange? What will you do whenyou need or sense a need forhelp?
* Psychiatry, Psychology and Law,2015 Vol. 22, No. 5, 649-672
Human rights, conflict and dancing in Colombia(Note: this is a changed date!)
The Women in Law Committee warmly invites you to hear Wellington lawyer, Sarah Cates,share her professional and personal insights and reflections following her sabbatical workingin human rights in Colombia in the framework of the armed conflict. Sarah worked as aninternational observer and accompanier, accompanying human rights defenders and lawyerswhose lives are at risk for the work that they do in support of human rights.
The Committee is delighted to host Sarah, who will share about the human rights situationin Colombia, the grave risks human rights defenders and lawyers face, and the assignmentsshe had. She will also give her view on the implication of Colombia’s recent Peace Agreementto end almost 70 years of conflict with the guerilla group FARC. Sarah will also share abouther enriching personal journey whilst in Colombia; the joys, challenges and learnings sheexperienced, which she applies in her everyday life here and role as a lawyer.
Hear about this, and more at the evening event kindly sponsored by Russell McVeagh. Theevent is free and some drinks and nibbles will be provided. All practitioners are welcome.This event is CPD compatible and forms will be available on the night.
Please join us on Wednesday, 7 June 2017 from 5:30pm to 7:30pm at Russell McVeagh, Level24, Vodafone Building, 157 Lambton Quay, Wellington CBD.
RSVP your attendance ASAP by 6 June 2017 as seats are limited:
Please note that this is the same event that was originally advertised for 4 April 2017, but postponed.
For more information on Sarah’s background and work in Colombia, see these links to articlespublished in LawTalk last year:
www.lawsociety.org.nz/lawtalk/lawtalk-archives/issue-872/working-for-peace-in-colombiawww.lawsociety.org.nz/lawtalk/issue-894/working-for-peace,-human-rights-and-justice-in-colombia
The Annual General Meeting of the Wellington Branch, NewZealand Law Society, will be held on Wednesday 21 June 2017 at
4.00pm, Level 8, New Zealand Law Society Building,26 Waring Taylor Street, Wellington
Annual General Meeting
From the
President
OUR 16 Branch Committees play an important role in the life of the Wellington Branch. Membership ofcommittees provides the opportunity to work with like-minded colleagues in special interest areas of the law.New and existing members need to fill in the application form to join or rejoin a committee. The form may bedownloaded from the Society website (see e-brief) or copied from page 3 in this issue of Council Brief.
OVER the past 30 years, theprofile of the legal profession inNew Zealand has been steadilychanging. In 1987, 111 newlawyers were admitted to the Barin the Wellington District LawSociety: 60 were women and 51were men: the beginning of atrend. Today there are 1467women (and 1298 men) holdingpractising certificates in theWellington Branch. It wasrecently reported that womenlawyers nationally now out-number men for the first time.
When the Wellington WomenLawyers’ Association (WWLA)was incorporated in July 1987,its primary aims were (and stillare)• working for equal oppor-
tunity and the advancementof women in the study andpractice of law;
• working for the reform of thelaw and its administration,and for the advancement ofsocial policy, in order to
promote and protect theinterests of women;
• promoting the use ofwomen’s skills in law; and
• organising social contactamongst members.WWLA is proud to be an
independent organisation whichadvocates on behalf of women inthe law and those involved in thelegal system. This includesmaking submissions on Bills andraising issues of concern towomen in the law.
Mentoring schemeFor women starting out in
law, WWLA offers a mentoringscheme by matching upexperienced practitioners withjunior members of theprofession.
WWLA also funds schol-arships for women law studentsat Victoria University. Thescholarships are funded in partby the popular and fun-filledannual Quiz Night: watch thisspace for this year’s highly
competitive event, scheduled forearly August.
The Association holds avariety of stimulating andrelevant events throughout theyear, with the aim of informing,challenging and entertainingmembers of the profession.Some events are for membersonly, so joining is a must if youdon’t want to miss out.
NetworkingPopular events over the past
year included “Meet the Solicitor-General”, a presentation on payequity, and a session withProfessor Barbara Brookes abouther book A History of NewZealand Women (in conjunctionwith the Branch’s Women in LawCommittee). Casual drinks andnetworking opportunities areheld from time to time.
At this year’s recent AGM,new convenor Steph Dyhrbergtook over from Wendy Aldred,
Wellington Women Lawyers Association 30 years
Join a Branch Committee and make a difference
❑ Continued on page 2
By David Dunbar
Branch AGM this month; the healthof lawyers and ‘Practising Well’
COUNCIL BRIEF, JUNE 20172 News
Crossword SolutionsFrom page 7
Across: 1 Disarmament; 9 Overtax; 10 Nerve; 11Keels; 12 Moorish; 13 Temper; 15 Badger; 18 Rancher;20 Senna; 22 Light; 23 Hearted; 24 Uselessness.
Down: 2 Irene; 3 Artiste; 4 Maxims; 5 Mango; 6Nursing; 7 Works to rule; 8 Netherlands; 14 Manages;16 Abstain; 17 Arches; 19 Hotel; 21 Notes.
Cryptic Solutions
Quick SolutionsAcross: 1 Accountancy; 9 Boredom; 10 Drier; 11Thorn; 12 Extreme; 13 Untold; 15 Estate; 18 Tractor;20 Augur; 22 Venue; 23 Finesse; 24 Brotherhood.
Down: 2 Cargo; 3 Ordinal; 4 Number; 5 Audit; 6Chimera; 7 Obstructive; 8 Free-hearted; 14 Trainer;16 Staunch; 17 Trifle; 19 Treat; 21 Gesso.
Tuesday 6 JuneUnconscious Bias in the Workplace www.lawyerseducation.co.nz
Thursday 8 JuneParole Law CommitteeCourts, Tribunals & ADR Committee
Monday 12 JuneCriminal Law Committee
Tuesday 13 JuneEarthquakes & Floods - Business Consequences, Webinarwww.lawyerseducation.co.nz
Thursday 15 JuneHuman Rights CommitteePorirua Lawyers Dinner
Monday 19 JuneTrusts & Estates Committee
Mon 19-Tues 20 JuneTrusts Conference, www.lawyerseducation.co.nz
Wednesday 21 JuneInfluential Presentations Workshop, www.lawyerseducation.co.nzChanges to Court legislation, webinar, www.lawyerseducation.co.nzAnnual General Meeting, Wellington Branch NZLS, 4pm
Thursday 22 JuneThe Voice of the Child in Family Mediation, seminarwww.lawyerseducation.co.nzEmployment Law Committee
Friday 23 JuneRex Mason Legal Writing Award, entries close 4pmInter-Cultural Issues in Family Mediation, seminarwww.lawyerseducation.co.nz
Tuesday 27 JuneHealth Law Committee
Wednesday 28 JuneCompany Law Update, seminar www.lawyerseducation.co.nzLegal Assistance Committee
Friday 30 JuneWomen in Law Committee
Wellington Branch Diary June
NB Please confirm the dates of committee meetings with convenors.
MADESIGNm
Answers for puzzles from page 7
1 (a) metaphor(b) resolution(c) multiple choice(d) mountain (mount 10)(e) many thanks (or thanks a lot)
2 1 QxNf6+ NxQf6 2 BxNf6+ Kg8 3 Nh6#
September 13-15 2017 – NZ Insurance LawAssociation Conference (NZILA), Wellington.www.nzila.org/conference/
September 15-16 2017 – New Zealand BarAssociation Annual Conference, Blenheim.www.nzbar.org.nz
September 21 2017 – NZLS CLE Tax Conference,Auckland. www.lawyerseducation.co.nz
September 21-23 2017 – Resource ManagementLaw Association of NZ – RMLA Conference,Wellington. www.rmla.org.nz
October 3-5 2017 – ANZ Education LawAssociation (ANZELA) Conference, Sydney.www.anzela.edu.au
October 6-13 2017 – IBA Annual Conference,Sydney, Australia. www.ibanet.org
October 18-20 2017 – The 27th Australian andNew Zealand Sports Law Association(ANZSLA), Sydney. https://anzsla.com
October 19-20 2017 – Family Law Conference2017. www.lawyerseducation.co.nz
October 23-26 2017 – Advancement ofTeaching & Research of Intellectual Property(ATRIP) Conference, ‘The Object and Purposeof Intellectual Property’, VUW Law Faculty,Wellington. atrip.org
November 4-7 2017 – Asian Patent AttorneysAssociation Conference, Auckland.www.apaa2017.com
November 24-25 2017 – Fourth BiennialLabour Law Conference, Christchurch.www.laws.canterbury.ac.nz/Labour_Law/
November 27-29 2017 – Disability Matters –Kia whai tikanga te Kawenata Making theConvention Real, Dunedin.www.lawfoundation.org.nz
December 6-9 2017 – The Law and SocietyAssn. of Australia and NZ Annual Conference(LSAANZ), Dunedin. www.lsaanz.org
December 15-16 2017 – The DynamicEvolution of International Law, VUW LawFaculty, Wellington. www.lawfoundation.org.nz
October 7-12 2018 – IBA Annual Conference,Rome, Italy. www.ibanet.org
June 15-16 2017 – NZ Society of ConstructionLaw Conference, Te Papa, Wellington. http://constructionlaw.org.nzJune 19-20 2017 – Trusts Conference,Wellington. www.lawyerseducation.co.nzJune 26-27 2017 – Huakina Conference: theFabric of NZ Society, Waikato-TainuiCollege for Research & Development atHopuhopu. VUW & University of Waikato.www.lawfoundation.orgJune 27 2017 – The 13th Annual FinancialMarkets Law Conference, Auckland.www.conferenz.co.nzJune 29-July 1 2017 – 25th ANZSIL (ANZSociety of International Law) Conference,Canberra. http://anzsil.org.au/eventsJuly 1 2017 – Animal Law Conference, NZAnimal Law Association Inc, Auckland.Register: [email protected] 13 2017 – Corporations & Other LegalEntities for Society and Future Generations,VUW Wellington. www.lawfoundation.org.nzJuly 14-15 2017 – Annual ConferenceAustralian Society of Legal Philosophy,Auckland. https://nzlsp.wordpress.comJuly 27-29 2017 – AMINZ 2017 Confer-ence, ‘Ready Set Grow’, Auckland.www.aminz.org.nzAugust 5-6 2017 – NZ Criminal BarAssociation Conference, Auckland.www.criminalbar.org.nzAugust 14-15 2017 – Legal ExecutivesConference, Wellington.www.lawyerseducation.co.nzAugust 19-24 2017 – International LawAssociation 78th Biennial Conference,Sydney. www.ila-hq.org/index.phb/eventsAugust 30-31 2017 – 18th Annual MedicalLaw Conference, Wellington.www.conferenz.co.nzAugust 31-Sept 2 2017 – Banking & FinancialServices Law Assoc. (BFSLA), Brisbane.bfsla.orgSeptember 7-8 2017 – The NZ Law Librarians’Conference, Wellington. www.nzlla.org.nzSeptember 8 2017 – ‘Reforming the Law ofEvidence’, Faculty of Law Victoria University ofWgtn. [email protected]
Conferences
one of a long line ofdistinguished and able localpractitioners to lead theAssociation. Steph will lead a fullstrength committee of 13women from a wide variety ofbackgrounds. The Committee isputting together an excitingprogramme of events andprojects for the year.
There are many advantages tojoining WWLA – not least thatyou become part of a smart,supportive and committed groupwhich includes some of theprofession’s brightest and best.
Wellington women lawyersare unique in that we can offerboth private and public lawbackgrounds and experience toour members.
Any woman in the Wellingtonregion (which includes the HuttValley, Porirua, Wairarapa andKapiti) practising law or with aconnection to the law can be amember of the Association. Thisincludes academics and thejudiciary.
WWLA encourages all localwomen practitioners to join theAssociation for the 2017/18 year.Regardless of whether you areworking in the public sector,inhouse in business or practisingin a firm, we encourage all thewomen lawyers in yourworkplace to join and discoverthe benefits of belonging to thisdynamic and unique group. TheAssociation offers freemembership to all women lawstudents and we are planning topromote this shortly.
The joining form can bedownloaded from the WWLAwebsite: wwla.org.nz/join.
You can keep up to date bygoing on (and liking!) the Facebookpage: www.facebook.com/wellingtonwomenlawyersor contact the convenor [email protected].
THE New Zealand Animal Law Association (NZALA) invitesinterested practitioners, students, and members of the publicto attend its animal law conference in Auckland on Saturday 1July at Kensington Swan.
The conference will feature numerous national andinternational animal law experts, including: The HonourableMichael Kirby AC CMG Australia, former judge of the HighCourt of Australia, speaking about problems with NewZealand’s animal law regime and strategies for the future.• Dr Jane Goodall, one of the world’s foremost experts on
chimpanzees, speaking about her work around the worldtackling animal welfare issues, including her work to combatthe illegal wildlife trade
• Marcelo Rodriguez Ferrere, Lecturer of Animal Law andAdministrative Law at the University of Otago, speaking onanimal sentience and the law
• Natalie Walker, Crown Solicitor at Kayes Fletcher Walker,speaking on animal welfare prosecutions
• Mike Bodie, Prosecutions Counsel for the Department ofConservation (DoC), speaking on wildlife prosecutions
• Danielle Duffield, New Zealand Animal Law AssociationPresident, speaking on the practical operation of the AnimalWelfare Act 1999
• Vernon Tava, Waitemata Local Board Member, speaking onanimals and legal standing.Registration fees are $45, or $25 for paid NZALA members.
Students can register for $15, or $10 for paid NZALA members.Register now by contacting Jenny Gibbs at
[email protected] New Zealand Animal Law Association acknowledges the
generous support of the New Zealand Law Foundation and theNew Zealand Companion Animal Council Trust.
New Zealand Animal Law Association:Animal Law Conference 2017
PROFESSOR DougSellman, who hasworked in the addic-tion treatment fieldsince 1985, is to speakon the NZ Law Com-mission major reviewof liquor laws, led by SirGeoffrey Palmer in 2009/10,and worked on by LecretiaSeales.
The lecture is the LecretiaSeales Memorial Lecture inLaw Reform, and is entitled‘Law, Liquor, and Love’.
The Law Commissionconducted the review in thelight of 25 years of deregu-lation of the sale and supplyof alcohol, and growingconcern about alcohol-related harm.
Professor Sellman hasbeen director of the NationalAddiction Centre, Christ-church School of Medicineand Health Sciences, sinceits inception in 1996 and
professor within theUniversity of Otagosince 2006. Hisclinical work since1994 has been asconsultant psych-iatrist to the alcohol
and drug stream of the YouthSpecialty Service in Christ-church.
Professor Doug Sellmanwill outline this review, andthe government’s responsein delivering what hedescribes as an “Alcohol(NON) Reform Bill” (passedin 2012).
He will describe NewZealand’s “ongoing loveaffair” with alcohol: “Thisinvolves politicians, businesspeople and the wider public;and the various desiresassociated with alcohol:pleasure, comfort, power,and money. This love affaircontinues to be a barrier toeffective alcohol law reform.
Thursday 8 June 2017 at 5.45 - 6.45pm, GBLT1, Rear Courtyard,Old Government Buildings, 55 Lambton Quay, Wellington
Deadline Council Brief July Monday 19 June 2017
RSVP: [email protected]
New Zealand’s ‘ongoinglove affair’ with alcohol
❑ From front page
Wellington WomenLawyers Association
Obituary COUNCIL BRIEF, JUNE 2017 3
Wellington is a vibrant Branch due, mainly, to the amazing work of our 16 specialist interest committeesas they get together to discuss professional matters and specialist topics: network; arrange education andCPD forums; organise social functions; work with other professional groups; influence the culture of theSociety; provide support for our profession; promote women in the law; provide a forum for lawyers inprivate and in-house practice to meet; provide opportunities for newly-admitted lawyers to benefit fromthe wisdom and experience of those who have been in practice for many years… the possibilities go on.The Wellington Branch aims to:
Promote, serve, and lead the legal profession in the Wellington region and buildrelationships of trust and confidence with its members and the community.
Wellington Branch Committees 2017-18
(Existing committee members please note that all committees are dissolved on 30 June annually so, if you are already servingon a committee, you still need to complete the form to confirm your membership for the year starting 1 July 2017.
Please return to Wellington Branch by Friday 30 June 2017
If this is something you want to be part of, now is your opportunity. Please complete and return this formto the Wellington Branch, Level 3, Law Society Building, 26 Waring Taylor Street or email:[email protected]
✄
I wish to volunteer as an active member to the following committee(s):
Courts, Tribunals & ADR
Criminal Law
Employment Law
Ethics Committee
Family Law
Health Law
Human Rights
Immigration & Refugee
Independent Practitioners
Legal Assistance
Library
Parole Law
Public Law
Trusts & Estates
Women in Law
Young Lawyers
Suggestion for new committee
Name:○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Firm: ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
DDI:○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Email: ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
The Hon Daniel Paul NeazorQC, who passed away on 8
October 2016, is rememberedwith respect and affection byWellington practitioners andthose further afield.
A memorial mass for PaulNeazor was held St Mary of theAngels on 17 May. Rt Hon DameSian Elias the Chief Justice ofNew Zealand, who delivered theeulogy, said that while PaulNeazor did not stand onceremony, he “understood theimportance of marking thingsthat matter…
“Although we have had sometime to adjust, there is still in ourcommunity a great sense of lossthat we will never again walk outinto Lambton Quay to see afamiliar figure in a raincoat andbe flooded with the reassuringsense that all is right with theworld after all.”
Paul Neazor was born in 1933,went to St Patrick’s College andearned an LLM from VictoriaUniversity. In a long career ofpublic service he began with theNew Zealand Railways, joinedthe Crown Law Office andbecame Solicitor-General in1980. He served as a Judge of theHigh Court and a member of theDivisional Court of Appeal fornine years. In 2004 he wasappointed Inspector-General ofIntelligence and Security, aposition he held until 2013.
He was President of theWellington District Law Societyin 1985 and Vice President of theNew Zealand Law Society in1986 and 1988.
Dame Sian commented thatPaul’s family was the centre ofhis life. “Despite the long hourshe worked and his devotion tothe service he gave to the public,
he never missed the eveningmeal at home. He kept himselfgrounded and knew whatmattered.”
His time at Crown Lawcoincided with a tumultuousperiod in New Zealand law,Dame Sian said, “…whenmodern public law principleswere being established, andsignificant litigation involvingthe Crown was before the courts.He was involved in the Samoancitizenship case, the furorearising out of the dawn raids inAuckland, the Clyde dam case,the Rainbow Warrior aftermath,the fallout from the ErebusInquiry, the EnvironmentalDefence Society case against theAramoana smelter, and theMaori lands and fisheries cases.
“It helped that Paul wasknown to be meticulous in hiswork and someone entirelytrusted by those in Governmentand by the profession, includingin particular the counsel whoopposed him…
“I was in the Court of Appealas spectator or counsel in anumber of these cases. Theyraised points of constitutionalimportance or pushed theexisting boundaries in terms ofprocedure and reception ofinformation. The stakes werevery high. In the hands ofsomeone less principled andfair, less secure (more anxious toimpress) and less courageous,they could have caused realstrains among the peopleinvolved. They never did. I haveoften wondered whether a lesserman would have fudged theanswer to the single inter-rogatory administered in theNew Zealand Maori counselcase: what, if any system, did the
Crown put in place to ensureconsistency with the principlesof the Treaty? Paul’s answer wasstraight as a die – none.
“I was delighted to see on arecent visit to the lovely newmuseum at Waitangi that thesingle photograph illustrating
the Lands Case in the display isone of Paul shaking the hand ofSir Graeme Latimer immediatelyafter judgment had beendelivered. For me, it sums up thecase. For the Crown, PaulNeazor was the perfect repres-entative: fair, firm, unflappable,and courageous…
“He played his part as a judgeconscientiously, with consid-erable care and withoutcondescension or cynicism. Hewas never one who found itnecessary for example to enterinto personal denunciationwhen sentencing. He heard thearguments put to him withcourtesy and patience…”
“Paul’s open face and kindlymanners disguised a shrewdjudge of the human condition.He had the ability to moveswiftly and decisively. I suspectjudging took a lot out of Paulbecause he was so consci-entious. But it never showed. Heexercised judicial authority withscrupulous care and conscious
always of the obligations ofoffice…
“He was someone who worehonours and high office lightly.He was entirely comfortable inhis own skin and was deeplyappreciated and loved. He wassomeone who lifted the spirits ofthose who worked with him. Ithink because in his life he wassomeone who was entirelyconstant and very happy. Hehad irrepressible optimism andhigh spirits and unflagging goodhumour. He helped very manypeople, including the youngpractitioners he encouraged,many of them women…
“Paul Neazor was someonewho never lost the capacity tosalute goodness and beauty inlife. His heart was nevercorroded. He was a great judge,a great public servant, anoutstanding New Zealander andone of the finest human beingsany of us will encounter.”
Advisory from the Honourable Justice Venning, Chief Judge of theHigh Court, and Judge Jan-Marie Doogue, Chief District Court Judge.
2017 Court of Trial ProtocolThe Chief Judges of the High and District Courts of NewZealand have a statutory obligation to establish a Court of TrialProtocol.
The Protocol lists the classes of offence for which a High Courtdecision is required as to the court in which the defendant willbe tried.
The latest revision of the Court of Trial Protocol has beengazetted and will come into force on 29 May 2017.
The 2017 Protocol makes changes to class 1 of the 2016Protocol:
• Two Crimes Act 1961 corruption offences are added –ss 105E and 105F.
• Seven Secret Commissions Act 1910 corruption offences areadded (ss 3 – 9)
• Section 377 Companies Act 1993 has been added to replacea similar provision about false statements in the repealedFinancial Reporting Act 1993
• Offences under the repealed Securities Act 1978 andSecurities Markets Act 1988 are removed.
The 2017 Court of Trial Protocol can be found at http://www.courtsofnz.govt.nz/the-courts/high-court/legislation
Justice Daniel Paul Neazor CNZN, QC, 1933-2016
COUNCIL BRIEF, JUNE 20174 News
Trusted practice managementsoftware for NZ lawyers
Easy to learn, easy to use. Save timeand increase profits. That’s whatusers say!
New: document management & internet banking.Free installation and training. Visit our website fortestimonials from firms just like yours.
PPPPPjjjjjwww.jpartner.co.nz [email protected] 09 445 4476 JPartners Systems Ltd
ON 17 May Jan Logie MP, the Green Party’sspokesperson for social development, led adiscussion hosted by the Women in LawCommittee on her efforts at law reform for genderequality and improvements in the workplace. Thediscussion centered on Ms Logie’s privatemember’s bills recently put before Parliament: theDomestic Violence – Victims’ Protection Bill andEqual Pay Amendment Bill.
Domestic Violence – Victims’ Protection Bill
Currently before the Justice and Electoral SelectCommittee, the Bill aims to enhance the legalprotections for victims of domestic violence andthe role of the workplace in addressing the effectsof domestic violence. Ms Logie explained that forvictims of domestic violence who are inemployment, the workplace is often a “safe zone”and a place of support to enable victims to escapeabusive relationships.
The Bill garnered considerable media attentionfor the proposed additional paid leaveentitlements for victims of domestic violence toaccess support and other services. The Bill alsointends to provide the ability for victims ofdomestic violence to request flexible workingarrangements, and inserts into the Human RightsAct 1993 a prohibited ground of discrimination for“being a victim of domestic violence”. A point ofdiscussion was that similar rights in theEmployment Relations Act 2000 (regardingflexible working arrangements, good faith, andanti-discrimination) and the Health and Safety atWork Act 2015 may already be used to supportvictims of domestic violence. Ms Logieemphasised that education about legal rights andemployer policies is crucial to help victims feelcomfortable discussing these issues with theiremployer, with systemic changes also needed.
Equal Pay Amendment Bill
The Bill did not pass its first reading on 10 May2017 (by one vote). The purpose of the Bill was toimprove the likelihood of successful cases underthe Equal Pay Act 1972. The Bill provided that inaddition to information employers are alreadyrequired to collect about employees (includingnumber of hours worked and wages paid), anemployer must collect information about the
gender of an employee. The Bill provided that acopy of these records must be sent annually toMBIE. An employer would also be required todisclose to an employee the aggregated datashowing the pay and gender for all employeesdoing the same work.
Ms Logie discussed how confidentiality andprivacy concerns should not be used to hide paydiscrimination. The Bill aimed to providetransparency for employees to access credibleinformation. Countries including Norway andSweden (and recently, the United Kingdom) haveimplemented transparency laws which areattributed to closing the gender pay gap. Bycollecting this data, employers would also be ableto review the information to address any payinequalities caused by actual or unconscious biasbased on gender. With many businessesconducting their own gender pay gap audits andachieving accreditations for being equal payemployers, the onus still rests with employees toprove pay discrimination without good data.
Ms Logie also discussed her concerns with theGovernment’s draft Employment (Pay Equity andEqual Pay) Bill released for public consultationwhich increases barriers for employees to file payequity claims. One issue discussed is that the draftBill provides that a comparator must be selectedwhich is closely related to the employer’sbusiness. A comparator from an external industryor sector may only be selected if no otherappropriate comparator exists: an approach atodds with the Court of Appeal’s decision inTerranova Homes and Care Ltd v Service and FoodWorkers Union Nga Ringa Tota Inc [2015] 2 NZLR437 (CA). Feedback has been given on the draft bymany groups, and the Bill is expected to beintroduced in this Parliamentary term.
Law reform for gender equality and improvements inthe workplace part of recent discussion
Green MP Jan Logie, centre, with some members of the Wellington Branch Women in Law Committee, at a recent discussion organisedby the committee on Ms Logie’s private member’s bills that relate to gender equality and improvements in the workplace.
By Dhaxna Sothieson
ADLS sale & purchase agreementWellington : New Zealand LawSociety 2016 KN73.L1 NEW
Construction Contracts AmendmentAct Wellington : Continuing LegalEducation, New Zealand Law Society2017 KN84.4.L1 NEW
Overseas Investment Act - advisingclients Wellington : Continuing LegalEducation, New Zealand Law Society2017 KN304.L1 NEW
Trusts - a life cycle Wellington:Continuing Legal Education, NZ LawSociety 2017 KN210.L1 NEW
New books at Wellingtonbranch library
Deadline Council Brief July Monday 19 June 2017
Council Brief Advertising
❑ Library News
THE Wellington Library is still a construction zone aselectricians work on the wiring for the new lighting to go intothe library. The lights themselves are due soon. Once the lightshave been installed, the ceiling tiles can be replaced and thespace will look just like new!
Shelving, books, and any changes that need to be done forpossible new shelving configurations, depend on engineersand floor loading tests being approved. We are still all waitingto hear about these so any news on this is further down thetimeline.
In the meantime, our computers are all going, so access tothe large range of electronic information is there waiting atyour fingertips. You can see what online information we haveavailable in the library and all the branch libraries here:
http://www.lawsociety.org.nz/law-library/library-databases
We also have all of our closed reserve books. We have anynew materials, law reports, books and CLE seminars that wehave received since the earthquake so do check with the libraryto see if what you want to consult is available – [email protected] or ring 04 473 6202.
New online resources in the NZLS LibrariesWe have two new Wolters Kluwer (CCH) resources from
Australia for you to use. One is the new Australian Work Healthand Safety Law Reporter which has a wealth of case law,commentary, guides as well as a useful chapter called“Managing a serious safety incident – the first 24 hours”.
The other title is Australian Contract Law Reporter, dividedinto three parts – Legislation, Case Law, and Commentary. Thecommentary includes help on drafting, including specificclauses, and there is a good precedents section too.
By Robin Anderson, Librarian. Wellington
While construction continueselectronic resources are all go
Electrician Harrison Alderdyce from Ross Monk Electrical working on ceilingwiring at the library using the nifty vertical mast lift.
While the library is still a construction zone, the librarians are on hand andwill be pleased to assist you.
N.B. The library has access to extensive online materials andcan still do document delivery and carry out legal research.
DR Lobsang Sangay, primeminister of the Tibetangovernment in exile, spoke at theVictoria University law schoolrecently.
The Tibetan Government inExile is based in Dharumsala,India, and represents the 130,000or so Tibetan refugees living inIndia.
Dr Sangay was born inDarjeeling, India, the child ofrefugees who fled from Tibet toIndia after the 1959 uprisingagainst Chinese rule. Sangaywent to school in Darjeeling, thengained an LLB from theUniversity of Delhi. He won aFullbright scholarship to HarvardLaw School where he earned LLMand SJD degrees and became asenior fellow there until hiselection as chief minister in 2011.
Dr Sangay spoke of difficultieswithin Tibet, such as thedestruction of monasteries, andthe 145 self-immolations in thelast six years, a sign, he said, ofthe desperation of people whoseculture, environment and way oflife are under threat.
Despite these signs of pressureon the native Tibet population DrSangay said buddhism and itsphilosophy of non-violence andimpermanence had contributedto the “middle way” policy, now
Wellington area legal executives’graduation ceremony for 2017
NZ Law Society Library, WellingtonPhone: 04 473 6202
Fax: 04 471 2568
email: [email protected]
Branch Manager: Annelies Windmill
Branch Administrator: Jacque Shailer
Librarian: Robin Anderson
Assistant Librarian: Julie Matthews
Research Librarian: Nicola Stedman
Library Assistant/LINX: Julie Kirkland
PO Box 494, WellingtonPhone: 04 472 7837
Email: [email protected]
Website: www.lawsociety.org.nz
NZ Law Society – Wellington Branch
enunciated by the TibetanGovernment in Exile, pleadingfor genuine autonomy for theTibetan people as guaranteedunder Chinese law, but wantingin reality. “The Chinesegovernment says sovereigntyand territorial integrity cannotbe compromised, that the unityof the motherland cannot becompromised… His Holiness theDalai Lama says fine, butrepression of Tibetan people,environmental destruction,cultural assimilation, socialdiscrimination has to end, andwe have genuine autonomyaccording to Chinese laws. Onpaper autonomy exists, in realitynot so.”
Tibetans will settle forgenuine autonomy, he says, andin that case not seek separationfrom China.
Dr Sangay spoke particularlyabout environmental issues.Tibet is a vast plateau of about2.5 million square kms, as big as
THE 2017 graduation ceremonyfor the Wellington area NZLSLegal Executive Diploma washeld on 17 May.
Attendees report a relaxedand warm occasion thateveryone enjoyed. The eventwas hosted by the New ZealandInstitute of Legal Executives IncWellington & Central DistrictsBranch at the offices ofKensington Swan who gener-ously provided the venue.
NZILE Wellington & CentralDistricts Branch PresidentCheryl Whitworth welcomed thegraduates and their families, aswell as guests, in particular,Nerissa Barber, Mark Wilton andMary Ollivier of the NZ LawSociety and Cedric Hunt fromThe Open Polytechnic.
NZ Law Society WellingtonBranch President David Dunbarwas the keynote speaker. In hisaddress he ackowledged theNZILE and said the Law Societywas “proud of its associationwith NZILE”. He congratulatedthe graduates on theirachievement and mentioned theimportant role legal executivesplay in the law profession.
He encouraged legal exec-utives to keep learning, takeownership of their role and toget involved in their profess-ional organisation.
“Be involved with yourprofession and the Institute.You get what you give back. Infact, seek out colleagues andconnections within yourprofession,” he said.
“Know that you will play a keyrole in the places you work. Feelconfident in your knowledgeand the strong foundation youhave – but do not be afraid to askquestions of senior colleagues –and in turn be willing to helpothers.”
Six graduates from The OpenPolytechnic and Whitireia wereawarded their diplomas byDavid Dunbar and CherylWhitworth: Mary Gardiner,Sacha Grant, Fiona Jordan,Senerita Nuu, Rochelle Warren,and Andrea Lin Lin Yap.
A further three graduates,Daniel Ingeldew, Kerryanne Maiand Natalie Selby were unableto attend the ceremony.
David Dunbar (NZLS Wellington Branch President), Fiona Jordan, Sacha Grant, Mary Gardiner,Rochelle Warren, Senerita Nuu, Andrea Lin Lin Yap, and Cheryl Whitworth (NZILE)
all of western Europe, or ofCalifornia and Texas combined.There are many large mineralresources including gold, zinc,copper and lead. The largestcopper mine in China is there.
The plateau is also the “watertower” of Asia. After Antarctica ithas the highest reserves of ice andthe 10 major rivers of Asiaoriginate from its melt water,providing water for billions ofpeople.
The elevation of the TibetanPlateau averages about fourthousand metres and hassignificant impact on world’sclimate and weather. Theecosystem is fragile and DrSangay noted that around half theTibetan glaciers have disap-peared since 1959. Acceleratingdevelopment, such as rail androad contruction, has raisedambient temperatures. Environ-mental changes on the plateaucould have incalculable effects onwater supplies in Asia and onworldwide climate.
Dr Sangay noted that Chineseenvironmental scientists haverecently recommended to theChinese government that theTibetan Plateau be declared anational park to preserve itsfragile ecosystem.
COUNCIL BRIEF, JUNE 2017News 5
A RADICAL restructuring of work and care is proposed by Professor Jennifer Nedelsky whowill speak at the Victoria Law School on 6 June.
Professor Nedelsky says three critical problems arise out of dysfunctional norms of workand care. “Unsustainable stress on families, persistent inequality for women and otherswho do care work, and policy makers who are ignorant about the care work that liferequires. Only a radical transformation of the structures of work and care can solve theseproblems.”
Professor Nedelsky is the co-author of the forthcoming book A Care Manifesto: (Part )-Time For All(Oxford, 2017), which argues for a “new norm”: 12-30 hours of unpaid care from everybody, along with 12-30 hours of paid work. The lecture will present the main arguments from the book, which aims to movepublic discussion around “work-family balance” toward the fundamental change needed to address theproblems.
Professor Jennifer Nedelsky is Professor of Law and Political Science at the University of Toronto andProfessorial Fellow at the Institute for Social Justice. Her teaching and scholarship have beenconcentrated on feminist theory, legal theory, American constitutional history and interpretation, andcomparative constitutionalism.
Professor Nedelsky’s lecture will take place on Tuesday 6 June 2017, 5.30 - 6.30pm, in GBLT3, GroundFloor, Old Government Buildings, 55 Lambton Quay, Wellington
RSVP: [email protected]‚
Restructuring the world of work
Dr LobsangSangay,
primeminister ofthe Tibetan
government inexile.
Address by prime minister of Tibetan government in exile
Donations to the Solicitors Benevolent Fund can be made through:
• “Give a Little” http://www.givealittle.co.nz/org/Solicitors,which will be automatically receipted, or
• by Direct debit: Bank of New Zealand: 02-0506-0101108-097
All donations go directly to the capital reserve. The Solicitors’Benevolent Fund Trust is registered as a charitable trust(number CC48709) and has tax deductible status.
If a receipt is required when making a direct debit, pleaseemail [email protected] with your name, theamount deposited and a contact number to ensure a receipt isissued and sent to the correct place.
The Solicitors’ BenevolentFund – ways to donate
COUNCIL BRIEF, JUNE 20176 Tax
COUNCIL BRIEFThe monthly newspaper of theWellington Branch NZ Law Society
Advertising Rates: casual or contract rates on application. Telephone Robin
Reynolds, Reynolds Advertising, Kapiti Coast (04) 902 5544, e-mail:
[email protected]. Rates quoted exclude GST.
Advertising Deadline: for the June 2017 issue is Tuesday 20 June, 2017.
Circulation: 3000 copies every month except January. Goes to all barristers and
solicitors in the Wellington, Marlborough, and Wairarapa. Also goes to many New
Zealand law firms, to law societies, universities, judicial officers, and others involved
in the administration of justice.
Will Notices: $50.00 GST inclusive for each insertion.
Subscriptions: Annual subscription $60.00 incl. GST. Extra copies $5.00 each.
Subscription orders and inquiries to: The Branch Manager, New Zealand Law Society
Wellington Branch, P.O. Box 494, Wellington.
Editor: Chris Ryan, telephone (06) 378 7431 or 027 255 4027
E-mail: [email protected]
Opinions expressed do not necessarily reflect those of the NZ Law Society Wellington Branch or the Editor.
Council Brief is published for the NZ Law Society Wellington Branch
by Chris Ryan, and printed by Beacon Print, Hawke’s Bay.
ISSN 2382-2333
Council BriefAdvertising
ON 21 February 2017, theTaxation (Business Tax,Exchange of Information, andRemedial Matters) Act 2017received royal assent.
The Act contains severalchanges to the Residential LandWithholding Tax (RLWT) rules inthe Income Tax Act 2007. As aresult of the changes, calculatingthe RLWT amount is now a muchmore complex exercise.
The RLWT rules came intoeffect on 1 July 2016 andintroduce a withholding tax inrelation to income derived underthe two year bright-line testwhere the vendor is an “offshoreRLWT person”. The rules imposean obligation, primarily onconveyancers, to withholdRLWT from settlement moniesin certain circumstances.
In LawNews Issue 25 last year(29 July 2016), we considered thedefinition of who is an “offshoreRLWT person” for the purposesof the RLWT rules. The rulescontain definitions for naturalpersons, companies, limitedpartnerships and trusts. In manycases, the definitions aredifferent from the definitions ofan “offshore person” for thepurposes of the Tax Statement.In particular, many New Zealanddiscretionary trusts will findthemselves to be an offshoreRLWT person, notwithstandingthat they would normally beregarded as on-shore entitiesand may not be an “offshoreperson” for the Tax Statement.
RLWT and GSTThe Taxation (Business Tax,
Exchange of Information, andRemedial Matters) Act makeschanges to the way that RLWT iscalculated.
Section RL 4 of the Income TaxAct sets out the three calculationmethods for RLWT. RLWT will bethe lesser of (up the residentialland purchase amount):a. the greater of zero and the
RLWT rate (33% or 28% forcompanies) times (the saleprice less the vendor’sacquisition cost);
b. 10% of the sale price; andc. the greater of zero, and the sale
price, less security dischargeamount (if the vendor’sconveyancer is the payingagent) less outstanding rates.Throughout the legislative
process, RLWT was presented asbeing simple to calculate and itwas proposed that RLWTwithholders could easily obtaininformation from publicly-available sources such asQuotable Value. We disagree.
Before the introduction of therecent changes, the legislationwas silent as to how GST was tobe taken into account in theformulae. Section RL 4 has nowbeen amended such that allamounts in the formulae areGST exclusive.
On the face of it, this mayseem to be a small change.However, in practice, weanticipate that this change willrequire a significant amount oftime and analysis (i.e. cost) tocalculate the RLWT amount.
Determining the GSTexclusive amount of the saleprice will not be overly onerousas a conveyancer will have acopy of the sale and purchaseagreement for the saletransaction in order to ascertainwhether or not the contract is“plus GST” or “inclusive of GST”and will be able to determine
whether or not the vendor is GSTregistered.
Similarly, as all council ratesare subject to GST, aconveyancer should be able tocalculate the GST exclusiveamount.
The security dischargeamount will be exempt fromGST.
Where it gets complicated isthat an RLWT withholder willnow have to ascertain the GSTtreatment for the vendor on thepurchase of the property inorder to determine the GSTexclusive amount for thevendor’s acquisition cost undermethod (a) above. This istroublesome given it is likely thatthe RLWT amount will becalculated under method (a) inmost cases.
To determine the GSTexclusive acquisition cost,conveyancers will now need toobtain, at the very least, a copy ofthe sale and purchase agree-ment, settlement statement andtax invoice (if any) onacquisition.
As practitioners will be aware,GST on land transactions can beextremely complex. Issues whichnow need to be considered willinclude:• Whether or not the person
from whom the vendorpurchased the land was GSTregistered.
• Section 5(15) of the Goods andServices Tax Act 1985 providesthat a supply of land cancomprise of more than onesupply – a typical examplebeing land comprised of anexempt portion (being thesupply of a dwelling andcurtilage) and a taxableportion. Therefore, althoughthe amount paid for theproperty may include a GSTcomponent, it is not as simpleas just taking 3/23rds of thepurchase price to calculatethe GST amount.
• Issues associated with thecompulsory zero ratingregime and retrospectivedeemed GST registration.
• Where the RLWT withholder isthe purchaser’s conveyancer
because the vendor andpurchaser are associatedunder the general associatedpersons provisions in theIncome Tax Act 2007 or if thevendor does not have aconveyancer, the purchaser’sconveyancer will now need toobtain copies of thedocuments listed aboverelating to the vendor’spurchase of the property.Given the calculation of RLWTcan only be madeimmediately before settle-ment, we anticipate thatobtaining this informationmay prove difficult, let alonethen undertaking a GSTanalysis of the transaction.
• Conveyancers will also needto ensure that they arefamiliar with their client’scontractual obligations if theagreement for sale andpurchase is the latest versionof the ADLS/REINZ Sale andPurchase Agreement for RealEstate. The RLWT clause setsout obligations on the vendorand purchaser to providesufficient information todetermine the RLWT oblig-ations and confirmation ofthe offshore RLWT personstatus.
Eligibility for RLWT Certificateof Exemption
The Taxation (Business Tax,Exchange of Information, andRemedial Matters) Act alsomakes amendments to theeligibility criteria for developersto apply for a certificate ofexemption from RLWT. The two-year good taxpayer criteria hasbeen extended to includetaxpayers that have an associatethat is a company in the samegroup of companies or partner ina limited partnership that has atwo-year good taxpayer history.
Notable omissions from thisextension are other taxpayerentities such as trusts, look-through companies andordinary partnerships. We can-not see the policy intent forextending the eligibility criteriato group companies andpartners of a limited partnershipbut not to other entities.
Settlements of relationshipproperty
One welcome change is toexclude property transfers thatare “settlements of relationshipproperty” from the RLWT rules.Practitioners must be mindfulthat in order for a transfer to be a“settlement of relationshipproperty”, it must be betweenparties (or their associates) thatenter into an agreement for thepurposes of Part 6 of the Property(Relationships) Act 1976 or acourt order under section 25 ofthat Act.
The RLWT changes haveretrospective effect to 1 July2016.
About nsaTax - nsaTax is NewZealand’s largest specialist taxadvisory firm. For the past 21years, nsaTax has been providingadvice on taxation and trust-related issues to over 900accounting and legal firms. nsaTaxoffer a “tax help” phone and emailservice for advisers as well aswritten opinions on tax, trust andaccounting-related issues.
RLWT Checklist – nsaTax hasproduced a RLWT Checklist thatis available for purchase to assistlawyers and accountantsnavigate the RLWT rules. Go tonsatax.co.nz for more details.
This article first appeared in LawNews Issue 11 (13 April 2017) publishedby Auckland District Law Society Inc.,and is reproduced here with permission.
RLWT now even more complex for conveyancersBy Amanda Martin, Tax Advisor, NZA Tax Limited
Donations to the Solicitors Benevolent Fund can be made through:
• “Give a Little” http://www.givealittle.co.nz/org/Solicitors,which will be automatically receipted, or
• by Direct debit: Bank of New Zealand: 02-0506-0101108-097
All donations go directly to the capital reserve. The Solicitors’Benevolent Fund Trust is registered as a charitable trust(number CC48709) and has tax deductible status.
If a receipt is required when making a direct debit, pleaseemail [email protected] with your name, theamount deposited and a contact number to ensure a receipt isissued and sent to the correct place.
The Solicitors’ BenevolentFund – ways to donate
1 Solve the following rebus puzzles:
a) META META META META
b) SOLUTION SOLUTION SOLUTIONSOLUTION SOLUTION
c) CHOICE CHOICE CHOICECHOICE CHOICE CHOICE
d) MOUNT MOUNT MOUNT MOUNT MOUNTMOUNT MOUNT MOUNT MOUNT MOUNT
e) THANKS THANKS THANKS THANKSTHANKS THANKS THANKS THANKSTHANKS THANKS THANKS THANKSTHANKS THANKS THANKS
2 It is white’s turn to move.What should white do?
© Mark Gobbi 2017
MADESIGNm
Answers: See page 2
DOWN2. She’s held by their enemies (5)3. Different traits revealed by eastern
performer (7)4. Guiding principles for the production of
machine-guns (6)5. Just the food to provide a guy with energy
(5)6. Giving patient attention (7)7. Strictly regulates one’s operations, but
strives to hold sway (5,2,4)8. Capture the woman’s estates for a
European country (11)14. Is able to cope, but the fellow looks older
(7)16. Don’t! It’s a ban, maybe (7)17. Bends the back and vaults! (6)19. If a man stays here, he mixes with a lot!
(5)
ACROSS1. Pacific people would favour this - and
I’m master for a change (11)9. Practise extortion - public instrument
for cutting needed! (7)10. The kind of physical impulse to provide
resolution (5)11. Parts of ships looking smooth and
glossy when turned round (5)12. His room is arranged in North African
style (7)13. Mitigate an outburst of passion (6)15. Keep on pestering a nocturnal animal (6)18. If asked his occupation, would he give a
stock answer? (7)20. Andersen named the medicinal plant
inside (5)22 and 23 Ac. Suffering from no heaviness at
the core? (5-7)24. A state in which employment would be
out of the question? (11)
DOWN2. Freight (5)3. Defining position in
series (7)4. Figure (6)5. Examine accounts
(5)6. Wild fancy (7)7. Hindering (11)8. Liberal (4-7)14. Coach (7)16. Trusty (7)17. Small amount (6)19. Handle (5)21. Plaster of Paris (5)
ACROSS1. Book-keeping (11)9. Ennui (7)10. Less wet (5)11. Spine (5)12. Outermost (7)13. Innumerable (6)15. Landed property (6)18. Towing vehicle (7)20. Forebode (5)22. Meeting-place (5)23. Subtle discrimination
(7)24. Fraternity (11)
Cryptic Clues
Quick Clues
PRACTISING WELL
Chaplain, Julia Coleman, 027 285 9115You can use this diagram for either the Quick or Cryptic Clues, but the answers
in each case are different. This month’s solutions are on page 2.
COUNCIL BRIEF CROSSWORD
Council Brief [email protected]
News COUNCIL BRIEF, JUNE 2017 7
TEN years of the Evidence Act 2006 is to be reviewed at a conferenceand workshop to be held at Victoria University in September.
The event will mark the decade since the Act came into force andalso the second five-year review by the Law Commission.
Speakers and consultants include: Fionnghuala Cuncannon,Meredith Connell; Professor Jeremy Gans, University of Melbourne;Professor David Hamer, University of Sydney; Professor Jill Hunter,University of New South Wales; Professor Elisabeth McDonald,University of Canterbury; Associate Professor Scott Optican,University of Auckland and Hon Douglas White QC, President of theNew Zealand Law Commission
The event is to take place at The Old Government Building, 55Lambton Quay, Wellington, on Friday 8 September 2017, 8.30am-5pm.
For more information email [email protected] conference is CPD compatible.
Review of Evidence Act 2008
Council Brief [email protected]
Booking for Law Society eventsMost events presented by NZLS Wellington Branch are on a user-paysbasis. It is very helpful if bookings are made as soon as possible so
that the viability of the event can be assured and catering can beaccurately estimated. Members are able to book for most events at:
http://bookwhen.com/wellington-branch
ONE hot thundery afternoon Iwas sitting in a cramped room ina secure facility (a “safe house”)for women who had beenliberated from the sex industry.It was tucked in behind arestaurant in Phnom Penh,Cambodia. I listened in disbeliefas the translator explained thestories of the women we had justmet, who had been liberatedfrom being modern-day slaves.As the rain began to pound onthe roof I found myself lookingaround at my companions andwondering how I had ended upthere.
I was in Phnom Penh with theinternational charity Hagar(www.hagar.org.nz). Hagar wasstarted by a Swiss businessman
who, while visiting Cambodia onbusiness shortly after Pol Pothad been routed by theVietnamese, had heard of awoman who had been heldagainst her will for the sexindustry. He decided to dosomething about helping suchwomen to recover from theabuse they suffered andrepatriate them to normal happylives, primarily by counsellingand teaching them a trade orproviding businesses withinwhich they could work to re-establish their lives.
My brother and I had started aNew Zealand arm of the charitysome time before my trip to helpraise funds for its work. I hadn’treally wanted to go to Cambodiaon the trip because:1. I was a busy law firm partner,
and it was expensive for thefirm to allow the time.
2. I still had dependent family.3. It was an expensive trip and I
thought it better to donate theamount I would spend on thetrip to the charity instead.
4. I was slightly apprehensiveabout what I might discover.The whole concept of sextrafficking was somethingabout which I had notpreviously heard and itseemed very distasteful,almost unbelievable.And yet, here I was. Along
with about 20 country leadersfrom the UK, the US, Singapore,Australia, Vietnam and NewZealand Hagar charities, at ameeting arranged for us by theHagar Cambodia team to meetand hear from five women whohad recently been rescued frominvolvement in the sex trade –trafficked women, modern-dayslaves.
Hagar’s work concentrates onthe recovery of such womenrather than rescue. Over theyears the organisation hasdeveloped well-respected exp-ertise in their recovery and aftercare in Cambodia.
What happened had aprofound effect on my hithertocalm unsettled but productiveprofessional career.
The women, whose agesranged from mid-teens up to latetwenties, had been asked to tellus how they were finding theirnew lives, learning trades andnew occupations after theirrescue. They were, after earlycounselling to help themrecover, learning about hair-dressing, catering and otherbusinesses. Some were prepar-ing for court cases against theirabusers.
It had been difficult to get intothe place. There were guards atthe gate and our bags werechecked. We had a chance tomeet with fellow boardmembers from the other Hagarchariites. Notwithstanding thatinterest, the sultry weatherwould have made me a bit sleepywere it not for the afternoonthunderstorm.
What changed me in a fewseconds was that one of thewomen, a young girl of about 15,started crying. Her cry wentstraight to my heart as the otherwomen embraced her. Theyoung girl was the latest of thegroup rescued and we were toldby the other women, it was a cryof realisation as to how twistedher life had been.
Well, I couldn’t bear theemotion in the room and had tostand and move a little away to
Hagar – a charity that changes livesBy Ken Lord, partner at Parry Field Lawyers, board member of Hagar NZ
try to mask my own emotions.Some others in the room did thesame. The young women hadbeen speaking Khmer, alanguage I do not understand,but the young girl’s crycommunicated more than hadbeen said all afternoon. A cry ofbetrayal, frustration andimmense loss of what her lifemight have been.
But that cry set me on a pathto continue raising money forHagar. With my brother, we havenow raised well over $500,000.
My practice of the law hasbeen permeated with a sense ofmission I guess. We can utiliseour legal skills to help people likethat girl and others who are inpain in our society and other
countries, in so many importantways. I urge us all to do our bit tohelp.
Footnote: Hagar and UNICEFhave jointly helped effectsignificant improvements forchildren when they appear inCambodia courts so they get afair and just hearing. Researchpapers: ‘A System Just forChildren’ by Dr JK Reimer and‘Supporting Child Victims andWitnesses’, are available on theinternet.
For further informationplease contact Hagar at:[email protected]
The Wellington Medico-Legal Society is an amalgam of practising
lawyers and doctors, and students with an interest in medical law.
Regular meetings are held featuring speakers with particular
expertise in areas that affect medical law. If you are interested in
joining the Society please contact either of the below email
addresses:
Jenny Gibson: [email protected]
Marina Kapua: [email protected]
Wellington Medico-Legal Society
This article first appeared in CanterburyTales and is republished with permission
COUNCIL BRIEF, JUNE 20178 Notices
‘Flightless’ Kiwi lawyer on Mongol Rally
CHAPMAN Tripp lawyer and YoungLawyers Committee member SimonO’Donnell will shortly swap his LambtonQuay life for a wild drive from Europe,through Central Asia to Mongolia.
He and two friends already in Londonform “Team Flightless”, one of 50 teamsheading off from London on 16 July onthe Mongol Rally.
The 16,000km journey in their old andtiny Nissan Micra will take them through20 countries over roads ranging from state-of-the-art Europeanhighways to pot-holed tracks, from deserts and steppe, to mountainroads 4,500m above sea level.
Simon and surveyor Nico Clere and account manager JamesSawers were students together at the University of Otago and haveoften dreamed of an adventure like this one.
“I remember looking at a map of Central Asia and seeing all those‘Stans’ and wondering what it would be like, and we were inspired byEwan McGregor and Charlie Boorman’s TV series ‘Long Way Round’which documents their 19,000km motorcycle ride from London toNew York via Asia.”
Team Flightless will make short work of Europe, head into Turkey,run through the Caucasus touching on Georgia, Armenia andAzerbaijan, then into Iran, glancing through western Afganistan viaHerat (the ”safe” part, Simon assures me), through Turkmenistan,Uzbekistan, Kyrgystan, Tajikistan and Kazakhstan, into Russia, thenMongolia, before the finish around late August in the Siberian city ofUlan Ude, a way-station on the Trans Siberian Railway.
What could possibly go wrong? The rally website makes it clear thatparticipants are on their own. There is no accompanying film crewnor a following support team.
“It’s just us and the locals,” says Simon. “Though I did grow up on a
Hawkes Bay farm so I can turn my hand to most things, and Nico isdoing an evening class in car maintenance, so we should be OK.”
The aim obviously is to have fun and survive, but there is a seriouspurpose as well: to raise money for two worthwhile charities, DoctorsWithout Borders and Cool Earth.
Doctors Without Borders go into war-torn areas and areas wherethere’s little to no access to healthcare. “They’re active in most of thecountries we’ll be visiting, particularly Afghanistan where they haveset up many field hospitals. So, while we’ll be benefiting from thehospitality of locals and generosity of inevitably necessary small-townmechanics, we want to give something back to those communities.
“And, we’ll be travelling a damn long way in an old car which will nodoubt spit out smoke. So, we thought the perfect way to offset ourenvironmental footprint was donating to Cool Earth who fightdeforestation around the world. They work with communities indeveloping countries to find economic alternatives to chopping downthe rainforest to sell wood.”
The team is currently looking for sponsors, to assist in raisingmoney for their charities, in exchange for branding to be plasteredover their car.
You can get in touch with and follow Team Flightless on theirFacebook page www.facebook.com/teamflightless/
And assist if you wish on their give a little pagehttps://givealittle.co.nz/cause/flightless-mongol-rally
By Chris Ryan
Simon O’Donnell on theGreat Wall of China.
Gerard Dewar, Louise Sziranyi, Gerard Letts and Daniel Vincentare pleased to announce that as at 1 April 2017:
Craig Foster
was made a
Senior Associate
of the firm
Craig has particular
expertise in
Family Law, Wills/Estates
and Criminal Law
Thomas Dewar Sziranyi LettsPO Box 31-240, Lower Hutt
Phone: (04) 570 0442 Fax: (04) 569 4260www.tdsl.co.nz
Matt Anderson
was made
an Associate
of the firm
Matt has particular
expertise in
Civil, Criminal
and Family Law
Katie Paterson
was made
an Associate
of the firm
Katie has particular
expertise in Family
Law, Criminal and
Civil Law
Practitioners are cordiallyinvited to the annual PoriruaLawyers’ Dinner which will beheld at the Roundabout Bar andKitchen, 99 Main Road, Tawa at6 pm on Thursday 15 June 2017.The Guest Speaker will be theHon. Marion Frater CNZM,former High Court Judge andDeputy Chair of the New ZealandParole Board.
The cost of the dinner is $75(GST inclusive) which includes a3-course meal and two drinks(cash bar thereafter). To RSVPand make payment please go toh t tps : / / v1 .bookwhen.com/wellington-branch. Bookingsclose at 4 pm on Friday 9 June.
Porirua Lawyers’Dinner
– 15 June 2017
Please contact the solicitorsconcerned if you are holding a will
for the following:
FOR URGENT ACTION
WILLENQUIRIES
■ The cost of will notices is $50.00 (GST inclusive).Please send payment with your notice.
■ Will notices should be sent to the BranchManager, NZ Law Society Wellington Branch,PO Box 494, Wellington.
BUGAUD, Pierre Serge Armand
Would any lawyer holding awill for the above named whodied at Wellington 0n 10 May2017 please contact:
Chris RitchieBarrister and SolicitorTel 04 472 9711 Fax 04 472 [email protected] Box 2068, Wellington 6140
The offices of Terrace Chambers are centrally located on theGround Floor of the Treasury Building at No. 1 The Terrace.
This is within easy walking distance to the Courts, Parliamentand the government precinct.
Rental office space will soon be available.
Secretarial and support services are available on site if required.
Please contact John Delany at [email protected] telephone 499 6170 for more information.
Terrace ChambersOffice space available
Council
Brief
Advertising
