Canterbury tales

Canterbury Westland Branch New Zealand Law Society September 2013, Vol. 19, No. 8

Canterbury tales

Selma Scott adds toher busy workloadCongratulations to SelmaScott, who has beenappointed as Chair of thePacific Trust Board.

Selma, who is principal of her Christchurch lawfirm Scott & Co, has been a member of theboard since 2007 and as Pacific Island AffairsMinister Hekia Parata says, “Selma’s legalbackground and long-term membership of theboard offer a perspective which will be of greatbenefit to Pacific businesses.”There is one more thing that will be of greatbenefit to Pacific Businesses and that is Selma’spassion for the work the Trust does and whatthey are achieving.The Pacific Business Trust (PBT) was set up in1985 and is a not for profit Charitable Trust.Initially it was set up to improve employmentopportunities for Pacific people in New Zealand.Over the next 25 years the Trust, while stillimproving employment opportunities,expanded its services to provide training andassistance for Pacific people to set up their ownbusinesses and encourage their entrepreneurialskills. This expansion has led to PBT in the2010-2011 year supporting 49 business start-ups, $4,619,832 sales turnover and 109 jobscreated.The training, practical advice and coaching givenby the Pacific Business Trust Facilitators is oneof the main reasons PBT has had suchsuccessful results but the collaboration with TeWananga o Aotearoa is also a very importantfactor in the positive outcomes.

Te Wananga o Aotearoa works with PBT to offerfree NZQA recognised qualification courses.With Te Wananga o Aotearoa being one of thelargest tertiary education providers in NewZealand their holistic approach to education sitswell with the goals and aims of PBT.Some of the courses available are Certificatesin First Steps to Business, Computer andBusiness Administration, and Computing, all ofthem being NZQA Level 2.Entrepreneurial and business skills in Pacificsecondary school students are also supportedby PBT’s involvement with The Young EnterpriseScheme (YES). Pacific students are encouragedto enter this scheme, which is open to allschools and students throughout New Zealand.The challenges for the students are that theyform a company, create a product or serviceand then market and sell it. This course is a

one-year programme and in 2012 the overallwinner was one of the teams that PBT hadprovided with mentoring support.PBT also has a joint project with ManukauInstitute of Technology (MIT) and AucklandUniversity of Technology (AUT) where theyorganise a competition for year 13 students.The students identify a business concept andinvestigate its viability.The concept plan is presented to a panel ofjudges with the winners gaining scholarshipsto study at either MIT or AUT. PBT also hasprogrammes with individual schools wherestudents are given a realistic glimpse into thebusiness world.The Pacific Business Awards and other businessevents, which are hosted by PBT, acknowledgeand celebrate the successes of Pacific businessand are a reflection of the success that PBThas achieved out in our communities.Holding the position of Chair of PBT, whichinvolves a lot of travel, and running her ownlaw practice as well as spending quality timewith her family would seem like enough forany person but Selma also holds two otherMinisterial appointed roles.The first one is a member of the Human RightsReview Tribunal, where she is one of 11members including four who are eitherpracticing lawyers or who have legalqualifications. The second is a member of theState Housing Appeal Authority, where she isone of nine members.Selma acknowledges that the support of herhusband Nick, their three children andextended family allows her the flexibility to beable to successfully achieve in all these areasof her life. She is looking forward to thechallenges that will face her in the future.

Selma Scott....facing some big challenges.

By Zylpha Kovacs

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President’s ColumnVino FinoPhoto Caption

The winning entry for last month’s picture(below) was submitted by Grant Tyrrell.

Each month we have a photo captioncompetition where we invite you to submit acaption. The winner will receive two bottles ofwine sponsored by Vino Fino (www.vinifinoco.nz,188 Durham Street).Send your entry to the Canterbury WestlandBranch New Zealand Law Society, P. O. Box565, Christchurch. Or email to canterbury-westland@lawsociety.org.nz. All entries must bereceived by October 9 2013. The winner willbe announced in the next edition of CanterburyTales.

“You wouldn’t believe how good thepresident’s column is this month.”

One of life’s truisms is that you donot know how much you valuesomething until you lose it. Thisapplies as much to the small thingsin life as to the big things.

The monthly ritual of receiving CanterburyTales in your offices is one of those smallpleasures that we take for granted, but shouldnot. Indeed, our branch of the NZLS is theexception to most, in producing a good quality,hard copy magazine for our members everymonth.While the move to electronic communicationscontinues unabated, there are somepublications where, at least some of us think,the tactile satisfaction of a glossy page and atangible record is to be preferred over anelectronic page which can be deleted by thetouch of a button.However, in order to keep receiving your hardcopy of Canterbury Tales, we need ourmagazine to be supported by our advertisers.By using the services of our advertisers andletting them know that you see and appreciatetheir support of the magazine, we can continueto bring you a monthly hard copy edition ofCanterbury Tales.Even better, if you know of other compatiblebusinesses that offer services or goods thatcomplement the legal audience who read thispublication, then please encourage them toadvertise in this magazine.Maybe, in the future, there will be a time whenmoving to an electronic format is warrantedbecause that is what our members want, butmy personal view is that we are not there yet.That said, I invite you to share your views onthis subject.One of the aspects of Canterbury Tales whichis most enjoyed is its coverage of socialfunctions held by the profession in the previousmonth. In that regard I attended two quitedifferent, but equally enjoyable functions in lateAugust.The first was the Canterbury Women’s LegalAssociation annual dinner, which was a greatsuccess. Tickets sold out well in advance ofthe event and it was attended by a wide range

of female practitioners from all levels and typesof practice.We were thoroughly entertained by threeprofessional women speakers — Pam Clark, apartner at HFK Limited, Doctor Jane McDonald,a urologist, and Ingrid Taylor, a partner at TaylorShaw.After each speaker I felt sorry for the personwho had to follow, thinking they would struggleto maintain the standard set by the previousspeaker of combining humour with a seriousmessage, but in every case I was proved wrong.Every speaker was worth listening to and addedto the evening’s enjoyment. I know at our table,they were the catalyst for animated discussionson health, happiness, job satisfaction and otherprofound subjects.On the following evening a dinner was held tohonour the appointment of the three newSouth Island silks — Jonathan Eaton, TrevorShiels and Pip Hall. Again, the evening waspunctuated by speeches from the three newlyappointed QCs and each combined anappropriate mix of self-deprecating humour,reflections on their career to date, and tributesto their mentors and predecessors.It has been a long time since the last round ofappointments, and an even longer time sincemembers of the local Criminal Bar have beenrecognised for their excellence in this way It wasa wonderful evening to be part of. I am reliablytold this will feature in next month’s CanterburyTales. Something to look forward to!

Rachel Dunningham

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Enjoyable CWLA dinnerBy Melanie Jones

The Canterbury Women’s LegalAssociation held its annualmidwinter dinner on August 29 atthe Shilling Club on the Universityof Canterbury’s campus.

This dinner, which was sponsored by ChapmanTripp, Baldwins and Craigs Investment Partners,is the fundraiser for the scholarship that theCWLA awards to the top non-honours lawgraduate. The recipient, who was awarded her2011 scholarship at the dinner, this year wasRachel Forde.The Committee approached the dinner thisyear with a different theme by inviting anaccountant, (Pam Clarke from HFK Ltd), adoctor (Jane MacDonald from UrologyAssociates), and a lawyer (Ingrid Taylor) tospeak on the subject of Do as I say, not as Ido.Professor Ursula Cheer was the Master ofCeremonies for the evening and she did astellar job of keeping such a large group of verynoisy women under control. Pam kept us allamused with her enviable strategy of makingfull use of her work from home husband.Her MOTH (man of the house) has been welltrained to cope with the daily demands of theiryoung children. However, Pam did admit defeat

on the washing front when expensivewhite shirts came out the other end adefinite shade of grey!Jane brought the house down with heruniquely female viewpoint of amedical speciality dominated by malepatients and surgeons. Needless tosay, all present will never quite look atthat cut of chicken in quite the sameway again!! Amidst all the laughing,Jane reminded us of the importantmedical test we should prioritise tokeep our health in tip-top shape.To round off the evening, Ingrid tackledthe quest for happiness, and thejuggling of partners and children. I amnot sure that Ingrid gave us any goldenanswers, but she did give some usefultips and recommended reading. (Lean In bySheryl Sandberg and The Happiness Projectby Gretchen Rubin). Having read both thesebooks, I can highly recommend them.Despite the serious topic, Ingrid managed tomake us all laugh, and we now realise it is OKto desire a designer handbag after all. It maymake you happy.A most enjoyable evening finished with theannouncement of CWLA’s next event, The NewZealand Bar Association is co-hosting a seminarcalled Obstacles and Opportunities on the

afternoon of 22 November 2013 at the newRydges in Latimer Square.The CWLA sees the seminar as a way forwomen practitioners in Christchurch toreconnect and benefit from the speakers’presentations, which will focus on strategiesfor a successful working life. The line-up ofconfirmed speakers includes Helen Clark (viavideo), the Right Honourable Judith Collins, TheHonourable Susan Glazebrook, Carmel Fisher(Fisher Funds), Mai Chen (Chen Palmer) andLisa O’Neil. The registrations will open soon.

The speakers,left PamClarke, rightDr JaneMacDonaldand belowIngrid Taylor.Far right,some of thediners.

Rachel Forde, centre, with Rachel Dunninghamand Catherine Bibbey.

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Untied from the timesheet

Over the last 25 years I have hadthe pleasure of working closely witha number of lawyers, includingpartners both senior and junior andyounger practitioners.

It has been very interesting work as theprofession attracts some of the greatest talentfrom our universities and this talent isaccompanied by a strong work ethic, personalpride, a desire to achieve and a willingness tohelp and serve their clients. However, law iscompetitive and not without its pressure andstresses.The law provides an ability to generate incomeswell above the national average but why is itthat some of the highest earners do not becomethe wealthiest and provide themselves withoptions and choices during their lives and inretirement? Why is it that too many are burntout, suffer stress and fail to achieve a work lifebalance that gives them peace of mind andcontentment?These questions motivated me to undertakesome research and over the last six months Ihave interviewed practice managers,practitioners, senior and junior partners andothers closely connected to the legal fraternity.The objective is to better understand the needsand requirement of members of the legalfraternity to not only help me to serve thembetter but to also provide a basis for thoughtplanning and discussion.Series of articlesDuring my interviews a number of trends andthemes emerged that are likely to influence thelegal community in years to come and moreimportantly have an impact on the financialsecurity of its members.Over the next few months, I will write a seriesof articles covering some of the key findingsfrom my research and trust that they will behelpful and constructive. Please be mindful thatsome of the views expressed are not necessarilymine but have been expressed by those whomI have met with. I will cover the following areas:1. Challenges faced by law firms.2. Financial challenges of the individual lawyer.3 . Some thoughts and ideas on howpractitioners may be able to better plan to givethemselves choices and options at a future dateso they can untie themselves from thetimesheet when it suits them.A number of the partners I interviewed reportedthat they are experiencing their most profitableyears. There are cost pressures, primarily withstaffing and rent. However, many are reportingthey have more work than ever and a number

have reported record years in 2011 and 2012.The partnership modelOver the last 20 years or so, the percentage ofprincipals holding practising certificates hasfallen and this consolidation and tighter controlof equity within firms has enabled partners toretain control of both decision making anddistribution of revenue and profit.While partners have generally earned very goodincomes, there is disparity of performance andthe measurement of personal contributions tothe partnership has caused tensions and attimes led to dispute.Female numbersToday two-thirds of law graduates are female,however, only 20% of partners are women.Although females have historically been wellrepresented within law firms, 25 years ago therewere only two female partners in Christchurch.While there are a greater number of femalepartners now, will females be proportionatelyrepresented in the future? Will femalepractitioners want to and be prepared to dowhat it takes to become a partner?Generational differences are also imposingpressure on the partnership model. A highproportion of New Zealand’s population wasborn between 1946 and 1964. Partners in their50s and 60s today, need to recognise thereare relatively fewer people aged 35-45 and inaddition gen X and Ys have different attitudesto work/life balance, money and consumption.

tend to have their families later in life andbecause of student loans, travel to work in theUK and the weaker UK pound might not havethe balance sheet and the willingness to buyinto a partnership. Most respondents were ofthe opinion that partners should make a capitalcontribution and have ‘skin in the game’, butpartners who are looking to retire in the next 5to10 years, may not be able to release capitalfrom the partnership that they are hopeful of.Added attractionsThere is a reported skill shortage in theChristchurch market place and to attract andretain bright young minds law firms will not onlyneed to meet their income demands but alsoprovide good quality office space, up to datetechnology, a work life balance and aharmonious work place.A number of respondents reported that theirfirms were allocating considerable time andresource to help ensure that their firm was an“employer of choice.”I hope this is a helpful insight that stimulatessome discussion and planning. Over the nextfew months I will write about additionalchallenges facing law firms as well as some ofthe financial challenges. I will provide insight torecommendations and advice from a numberof senior partners who have been successfulin maintaining their desired quality of life asthey transition into retirement and retire frompractice.

By Andrew NuttallDirectorBradley Nuttall Limited

Christchurch’s and the South Island’s largestlaw firm, Duncan Cotterill, will return to the cityby October next year, signing a lease on a newbuilding in the Knox Plaza development onVictoria St.The firm, which has more than 130 staff inChristchurch, has been based in Burnside sincethe February 2011 earthquake. Chief executiveTerry McLaughlin says the firm is delighted tobe moving back to the city.“We have always said that we are committedto moving back into town. The opportunity tofully lease the office space in this developmentmeans we can be back much sooner than wemight otherwise have been, and within anemerging professional services precinct.”He sees Victoria Street as one of severalprofessional precincts in the central city, hometo the likes of legal, accounting, financialservices, engineering and architecture firms.The Victoria Street precinct will soon be up andrunning and offers excellent parking and accessfor our clients at the door. The Knox Plazadevelopment will be part of an emerging fresh

business face in an entrance to the city.Construction of the new four-level building,which will be set behind a “transparent” singlestorey structure housing retail and hospitalityoutlets, is under way and scheduled forcompletion by September 2014.It has been designed to complement theneighbouring Knox Church, which is undergoingrestoration work, with a campus-style settingincorporating a cloistered walkway and internalcourtyard, and architectural featuressympathetic to the church’s Gothic proportions.The courtyard will feature a 12-metre highsculpture by leading Christchurch sculptorGraham Bennett.Terry McLaughlin says Duncan Cotterill willoccupy all of the building’s office space, withsome 2,800 square metres over three levels.“It means we will have our own building, withour own naming and signage rights. We will bemaking a highly visible commitment toChristchurch, our clients will enjoy easy accessand on-site parking, and our staff will be workingin an excellent environment.”

Duncan Cotterill movingback into the central city

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This article was written by membersof the Junior Practit ioners’Committee and accordinglypresents a biased report of theevening as we recall it.

On Tuesday 3 September the JuniorPractitioners’ Committee successfully hosted“The Great Debate” for the second successiveyear. More than 100 people attended to seethe female junior practitioners take on theelderly — we mean, senior — practitioners toargue Who does it (the law) better?Judge Neave had the honour of presiding overthis much-anticipated event, setting the toneand jokes at an appropriately low level beforethe debaters kicked off.For the young females, Renee Powell, fromHelmore Bowron & Scott, was up first toconvince Judge Neave that, of course, femalesdo it better on top. Renee outlined the historyof female involvement in the practice of lawand named the many females in some ofthe top legal jobs in the country.Jeremy Johnson, of Wynn Williams, himselfnearly elig ible to represent the juniorpractitioners, was first speaker for the seniors.Jeremy took the moot further by arguing that

although men did the law better, gay mendid the law best of all.Sarah Hoffman, also from Wynn Williams,spoke second for the ladies. Threatened witha performance review from Jeremy, sheretorted with a threat of a personal grievance.Silencing the boys, Sarah took the junior girls’argument through until Duncan Webb tookto the lectern.Doctor Professor “I-want-to-be-a-junior-forever-so-I-won’t-leave-law-school-for-17-years” Webb talked about something for agood wee while and managed to be ratherentertaining, before fellow Lane Neaver FionaMcMillan ripped the boys to shreds.If the insults were not personal before, theycertainly were by this stage. Entertaining,engaging, and a highlight before the men puttheir last, and certainly not their best, footforward.

So who does do it better?By Madeleine Thwaitesand Stephanie Mann

Phil Shamy, well, what can we say? Some ofus thought we had filthy minds but even wecould not understand Phil’s jokes. We are notsure it added to the men’s argument, and bythat stage, the junior female practitioners hadstamped their claim as the winners of thedebate (in the eyes of the writers).All in all , the evening was incrediblyentertaining. We had a fantastic new venuein the Elmwood Theatre in Aikmans Road,Merivale.Drinks and nibbles provided a g reatopportunity for both junior and seniorpractitioners alike to mix and mingle, and thedebate itself provided many laughs and muchfood for thought.The Committee would like to publicly thankJudge Neave and the debaters for putting ona fantastic show. We would also like to thankthe caterer, Jenny Dodd from Culinary Capers,for the excellent food.We hope to be able to bring this event backfor a third year next year, and hope to seeeven more faces come along to enjoy thefriendly banter on offer.

Judge Raoul Neave.....his opening remarksset a suitably low tone. Other photographs onthis page show some of those in attendance.

THE GREAT DEBATE

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Jeff Goldstein goes on anBy Zylpha Kovacs

For those of you who don’t know,Jeff Goldstein was a seriously goodfootball player.

At 18 years of age he was playing at a semi-professional level in Sydney, Australia. Whileworking hard as a footballer he was alsostudying law. The time came when he had tomake a decision between the two and asfootball was not a high paying profession backthen Jeff chose a career in law. He continuedto play at a highly competitive level in Australiaand this was continued when he made hismove over to New Zealand.Jeff’s football playing career was bought to asudden halt in New Zealand when he fell andseverally damaged his knee. This injury left Jeffunable to even kick a football let alone play acompetitive game. To fill the void that footballhad left behind he took up playing golf andthis became a sport that he both excelled inand enjoyed.

While golf was not as physical on his knee asfootball, the knee still deteriorated over theyears to the point that in 2012 he had to havereplacement surgery. The surgery was such asuccess that Jeff found that he could now notonly kick a football but he thought he might beable to take to the pitch in an actual game.While on a visit to Australia a footballing friendwho was organising a team to play in the 2013World Masters Games asked him to join andJeff signed up!Now that he was on his way to Turin (alsoknown as Torino) in the northwest of Italy forthe Masters Games, his son Michael said theyshould organise a father/son golfing tripthrough the UK while he was over on that sideof the world.Now as many of us know it is very hard to sayno to our children even when they have grownup and left the nest, consequently, Jeff saidyes and the golfing/soccer trip was underway.Michael was to organise the golfing sector ofthe trip as he had extensive experience in thisfield. In 2010 Michael and his friend Jamie setthemselves the challenge of playing a game of

golf every day for a year! They called thechallenge Puregolf 2010 (you can look at theirwebsite www.puregolf2010.com.) They lefttheir jobs as lawyers and set off over the worldplaying golf and raising funds for and awarenessof the New Zealand youth programme, “TheFirst Tee”.This program teaches life skills to young peoplethrough the game of golf and Michael andJamie raised significant funds for them as wellas completing their goal of a game of golf everyday for a year. With this success under his hatorganising nine games of golf in 10 days forhim, his dad and their friend (also Michael)‘would be a walk in the park’!While maybe not a walk in the park, the golfingtrip, which saw them travel from The OldCourse St Andrews Golf Links in Edinburgh rightdown to Dover in the South of England was amemorable trip albeit lots of travel and lots ofgolf. A great time had by all!When Jeff moved on from England to Turinthe great time continued. The World MastersGames consisted of 30 different sports and18,000 competitors. Jeff’s football team wasplaying in the over 45 years age group and

Michael and Jeff Goldstein on the famous Swilcairn Bridge at the 18th hole on the OldCourse at St Andrews.

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nother sporting odyssey

had a number of players over 50 and 60 yearsof age (Jeff included!).The team had 20 players in the squad but wasonly able to have a team list of 18 for eachgame. Rolling subs were the order of the day.There were six teams in their pool, two fromBrazil and four from Australia. They made itthrough to the quarterfinals where their gamewas 0-0 at full time and required a penaltyshoot-out, which they lost. Still Jeff and his teamwere very happy with their result.The games were played early morning or lateafternoon/early evening as the temperatures

in the middle of the day were 35-40 degrees.This left the middle of the day for sightseeingaround Turin. Jeff said that while Turin waslargely an industrial town it had a number ofoutstanding places to visit. Three that Jeff wouldrecommend are the Egyptian Museum,National Car Museum and the National CinemaMuseum.The Egyptian Museum is rated as the 2nd mostimportant in the world after the Cairo Museumand is the only place you can see anunwrapped mummy along with many otheroutstanding Egyptian exhibits.The National Car Museum, which naturallyfeatures a large number of Fiats, has one ofthe largest collection of cars in the world and amust see for all car enthusiasts but the highlightfor Jeff was the National Cinema Museum.Jeff has travelled extensively and visited manyof the popular attractions around the world andhe rates the National Cinema Museum as one

of the best. It is the highest museum in theworld at 167 metres high and has a hugecollection ranging from the very beginnings ofmagic lantern shadow shows through to currentfilm technology. It contains paintings, books,posters and movie reels.There are three movie theatres running moviesconstantly and hosts several film festivals eachyear. The highlight is a panoramic glass elevatorthat covers its 75-metre ride up to the top in59 seconds. The ride is in the central openspace of the building and goes up to the “SmallTemple” at the top where you then have a 360-degree view of the city.After all this sport, sightseeing and travel Jeffwas happy to get back to Christchurch tooversee the 2013 Employment Conferenceand possibly consider where to next!

Jeff Goldstein at the opening ceremony of the Masters Games in the piazza in Turin.

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CCCL spring seminarsFollowing the very successful 2012conference “Legal issues arisingfrom the earthquakes” held by theCentre for Commercial andCorporate Law, Inc, the Centre ispleased to announce its 2013“Spring Seminar Series”.

The series of three one-hour seminars, will beheld in October and November at the JamesHight Library Undercroft 101, University ofCanterbury. Each seminar will commence at5:30 and will be followed by drinks and nibbles.The dates, topics and presenters are as follows:10 October — White-Collar and Blue-CollarCrime in New Zealand: Investigating thedifferent treatments of tax evasion andwelfare fraud (Dr Lisa Marriott, AssociateProfessor, Victoria University of Wellington)This study investigates the extent to whichsimilar offences are treated equally in the NewZealand justice system. Specifically, the studycompares white- and blue-collar offending,using tax evasion as a proxy for white-collarcrime and benefit fraud as a proxy for blue-collar crime.

These offences are conceptually similar: bothare nonviolent and financial in nature.Importantly, they have the same ‘victim’ (thegovernment and society) and both reducegovernment resources available to provideservices for society.However, an important distinction is that taxevasion is typically undertaken by individualsin privileged positions, while benefit fraud istypically undertaken by those less advantagedin society. Findings of this study to date indicatethat higher proportions of investigations andprosecutions will take place for those engagingin welfare fraud as compared to those engagingin tax evasion.This study highlights the differences intreatments of tax evasion and welfare fraud ata range of junctures. The ultimate objective ofthe study is to challenge what appears to be adifferential system for the treatment ofconceptually similar financial offending in NewZealand.24 October — Insurance Law, an updatefollowing the Christchurch earthquakes (DrDuncan Webb, Partner, Lane Neave).It is a pleasure to welcome Duncan to back tothe University to present one of the SpringSeminars. Duncan specialises in insurance and

liability work. In recent times he has become awell known advocate for insureds in the wakeof the Canterbury Earthquakes.He has a comprehensive knowledge of lawafter many years in practice as well as adistinguished academic career as a professorof law who has taught insurance law at bothCanterbury and Auckland universities.He has also written extensively in insuranceincluding the book Insurance Law PracticePolicy and Principles (2004) and has been acontributor to the New Zealand Insurance LawAssociation presenting papers to theAssociation’s annual conferences.Duncan and Lane Neave have assisted anumber of clients, including major insurers, withinsurance work of all kinds. Recently Duncanhas been invited by The Press to its Live ChatShow to answer earthquake insurance queriesand has also contributed articles in thenewspaper.7 November — Charity Sector Update (DrMichael Gousmett, Public Historian). In thispresentation Michael will consider (i) thedisestablishment of the Charities Commission;(ii) shortcomings in reporting by Charities and

Continued Page 9

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New attraction coming to Tekapo Springs

Advert

Tekapo Springs will soon have the world’slargest inflatable water slide and the firstlocation outside the USA to have theattraction. The multi-award winning South

Island tourism attraction will unveil its brandnew Trippo Slide on November 1 2013 in timefor the busy summer season.The oversized inflatable water slide with three

slide chutes spans an impressive 11 metrehigh and 53 metres in length and will belocated on Tekapo Springs’ outdoor skatingrink during the summer season.The slide will be permanently inflatedthroughout summer until end March 2014and will replace the company’s roller-skatingattraction, which normally operates insummer.Tekapo Springs General Manager CathyHemsworth said the company had beenlooking for “an iconic and fun” summeractivity for some time and that the TrippoSlide had literally “jumped out” as a perfectfit.“We came across this via a contact in theUSA and thought it looked fantastic. It’sexactly what we’ve been searching for,” saidMrs Hemsworth.The Trippo Slide is currently only being usedby three other operators in the USA and hasnot even been officially launched to marketyet.Pricing for the slide will be $20 for an adult(16yrs and over) and $15 for a child (3yrs-15yrs). Family passes will be available andthe price covers an all-day pass.Christchurch and Canterbury Tourism ChiefExecutive Tim Hunter said the new attractionwas “an exciting and welcome addition” tothe Mackenzie region’s tourism offering.“It’s imperative that we continue to expandand grow the Mackenzie District’s tourismeconomy and the addition of such a fun andquirky new product will attract a lot of interestfrom a broad range of visitors,” said MrHunter.

the need for Public Benefit Reports; (iii) taxissues including, deregistration and itsconsequences as well as defining “gift” for thepurposes of the Income Tax Act 2007; andprovide (iv) an overview of charity tax history:Pitt, Pemsel, Ballance, Grey, and Holyoake.Michael’s 2009 doctoral thesis is a study ofthe orig ins of the charitable purposesexemption tax from its inception in England in1799 to the seminal charity lay case, Pemsel,in 1891.This has since been followed up by a study ofthe history of charity tax concessions in NewZealand, which is about to be published in theNew Zealand Journal of Taxation Law andPolicy.Dr Gousmett also presents an annual guestlecture on charity taxation to the senior taxstudents at the University of Canterbury. He isa regular contributor to the New Zealand LawJournal, as well as a presenter at national andinternational conferences. As a practitionersince 1989, and a public historian, Dr Gousmettis able to bring a perspective from thoseexperiences to his work. He is also a co-authorwith Susan Barker and Ken Lord, of The Law

and Practice of Charities in New Zealand,the first comprehensive text of its kind in NewZealand which was published by LexisNexis thisyear.

Comings & Goings

To register your interest to attend any of thesespring seminars please email law-enquiries@canterbury.ac.nz. There is no chargefor attendance at these seminars.

Joined firm/organisationAlison Daly (Ministry of Social Development), Jennifer Goldsmith (PayGlobal Ltd), Tiffany McRae(Russell Moon & Fail), Jennifer Miles (Lumley General Insurance (NZ) Ltd), Donald Matthews(Public Defence Service), Michael Mayman (Heartland Law Ltd), Deborah Moore (CERA), ThomasNation (Timpany Walton), Leigh Rodgers (Community Law Canterbury), Glen Ryan (White Fox &Jones), Harry Shaw (Wynn Williams Lawyers), Mikaela Taggart (Community Law Canterbury).MovedCraig Hock (Geddes & Maciaszek to Argyle Welsh Finnigan), Lisa Smith (Te Runanga o Ngai toRooney Group Ltd), Gemma Woods (Goodman Tavendale Reid to Anderson Lloyd).Change of statusPurnell Creighton, relocated to 35 Leslie Hills Drive, PO Box 9307, Christchurch 8149. All otherdetails remain the same.Rebecca Morgan Barrister, postal address 62 Riccarton Road, Level 1, Canterbury Chambers,Christchurch 8011.David Stringer, postal address 62a Woodbury Street, Avonhead, Christchurch 8042.Katherine Ewer, postal address 3 Hackthorne Road, Cashmere, Christchurch 8022.

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Canterbury WestlandBranch/NZLS

Proudly sponsored by

EducationProgramme

Requirements under CPD

NZLS Continuing Legal Education (CLELimited)

To register and for other information checkthe CLE website,

www.lawyerseducation.co.nzChristchurch

October7-8 — Intro to Family Law Advocacy andPractice.15 — The Difficult Property File.15 — Trusts can survive a relationshipbreakdown — myth or reality? Webinar.18 — Seminar, The Honourable Justice Youngand The Honourable Justice French giveoverviews of their respective roles in TheSupreme Court and The Court of Appeal.Watch for flyer.

21 — IT Projects and Disputes, Webinar.22 — Criminal Appellate Advocacy.22 — The NZLS CPD Rules, a practical guide.24 — Financial Markets Conduct Reforms,Webinar.

November5 — Update on Contract.12 — The Role of the Trustee (also Webinar,20 November).20-21 — Reading accounts and balancesheets.26 — Immigration and Protection Tribunal.27 — Trust Account Supervisor Training.

Out of ChristchurchCommerce Act reforms: cartels andcriminalisation, Auckland 8 October.Takeovers Intensive, Wellington 23 October,Auckland 24 October.Introduction to High Court Civil Litigation Skills,Auckland 14-15 October, Wellington 29-30October, Auckland 25-26 November.Family Law Conference, Auckland 21-22November. Pre-conference workshop 20NovemberMediating Dangerously, workshop, Auckland15 November, Wellington 18 November.Negotiation Masterclass, Auckland 27November.

SocialQuiz Evening — 16th October 2013. Watchfor flyer.Informal Family Law Dinner — 17th October2013. Watch for flyer.South Island Devils Own Golf Tournament —1-3rd November. Watch for flyer.

Under the Lawyers andConveyancers Act (Lawyers: OngoingLegal Education — ContinuingProfessional Development) Rules2013 (“Rules”), there are twoimportant dates to n ote:

1 October 2013 — the optional date fromwhich lawyers can begin to record theirContinuing Professional Development (“CPD”)hours and activities and1 April 2014 — the mandatory date fromwhich lawyers are obliged to record their CPDhours and activities for the twelve-month periodending on 31 March 2015.Although the responsibility for complying withthe Rules rests with each individual lawyer, oneaspect of the Rules that has not received

significant publicity is the ability of organisationsto apply for approved self-audit status (“ASAS”).Under Rule 8, the New Zealand Law Society(“NZLS”) has the power to audit any lawyer toverify compliance with the Rules. However, if alawyer is part of an organisation with ASAS, thenthe audit responsibility shifts from the NZLS tothat organisation.The provisions enabling ASAS are set out inRule 9 (and are further clarified in the NZLSGuidelines for the Rules). The essential termsare:• An organisation seeking ASAS is required tomake an initial approval application to the NZLS;• Eligibility is dependent on the organisationsatisfying the NZLS that it:— “has effective policies and procedures inplace for ensuring all lawyers in the organisationcomply with these rules” (Rule 9.2 (a)); and_ “appoints a lawyer, of sufficient seniority andstanding, who is approved by the Law Society,as a CPD officer to monitor compliance withthese rules” (Rule 9.2(b)).

• Once an organisation has achieved ASAS,there is an on-going requirement to retain aNZLS approved CPD officer and to ensure thatthere are “suitable arrangements in place toensure that the CPD officer is able to dischargehis or her duties in accordance with these rules”(Rule 9.3(b)).As to be expected, the role of the CPD officeris one of review, compliance, monitoring andmaintenance. This is a dual role, covering notonly the organisation’s CPD policies andprocedures, but also compliance with the Rulesby members of the organisation.The “transfer” effect of audit responsibility fromthe NZLS to the self-auditing organisation,enabled by Rule 9, applies to the individuallawyers in the organisation, but not to theorganisation, itself. Rule 9.5 provides that self-auditing organisations are, themselves, subjectto audit by the NZLS to verify that they arecomplying with the Rules.Under Rule 9.8, the NZLS may revoke anorganisation’s ASAS, if the NZLS reaches theview that the organisation is not complying withthe self-auditing provisions of the Rules. Rule9.9 permits subsequent re-application by anorganisation with a revoked status.In no circumstances does ASAS given to anyorganisation, absolve the individual lawyerswithin that organisation from complying withtheir obligation under Rule 7.1, to make anannual declaration of compliance with the CPDrequirements.For all organisations given ASAS, it remains theobligation of each lawyer within eachorganisation to remain personally responsiblefor making his or her own annual declarationof compliance under Rule 7.1.Organisations interested in applying for ASASwill be able to find further information on theprocess, on NZLS website later in the year. Inthe meantime, an essential starting point forall firms, regardless of whether they intend toapply for ASAS or not, is to create a continuingprofessional development plan and record(“CPDPR”) as required by Rule 5, for eachlawyer in the organisation.I have developed a comprehensive templateform of CPDPR which is available for purchase— either from my website http://www.cpdforlawyers.co.nz/ or by emailing meat cpdforlawyers@xtra.co.nz.

By Julie Hutton,Solicitor, Notary Public and Directorof Plain English Law Ltd

Have you organised yourCPD Plan and Record

format?Let us do it for you.

www.cpdforlawyers.co.nzor email Julie at

cpdforlawyers@xtra.co.nzfor a free demonstration.

Canterbury tales 11

To Lease

Canterbury Tales is the official newsletter ofthe Canterbury Westland Branch New ZealandLaw Society.Publications Committee: Karen Feltham(editor), Brendan Callaghan, Aliza Eveleigh,Zylpha Kovacs and Kate Dougherty.All correspondence and photographs shouldbe forwarded to: The Branch Manager,Canterbury-Westland Branch New ZealandLaw Society, Unit 1, 8 Homersham Place,Russley, Christchurch. P. O. Box 565Christchurch.Phone 358-3147, fax 358-3148. emailcanterbury-westland@lawsociety.org.nz.Canterbury Tales is published 11 times peryear. The deadline for editorial andphotographs is the 8th of the month.Disclaimer: Canterbury Tales is published bythe Canterbury Westland Branch New ZealandLaw Society. The opinions expressed hereinmay not necessarily be those of the Branchand have not been expressly authorised. TheBranch accepts no responsibility whatsoeverfor any error, omission or statement.

Canterbury tales2 Canterbury tales12

Crazy Carvers cut capersBy Jen Crawford

The legal profession turned out inforce to enjoy the annual Ski Dayat Cheeseman on 14 August 2013.

This was the second time the Ski Day has beenheld at Cheeseman and we were welcomedwith the usual friendly club field hospitality. Theweather turned on a cracker bluebird day, whichalso resulted in a few racers being spottedsneaking away early to enjoy a sly ale on thedeck (you know who you are).While the snow was variable, with a few rocksunderfoot on the lower mountain, the courseitself was in good condition. There were twoshort GS courses for the racers to enjoy — forboth skiers and snowboarders — as well as amore casual boarder-cross event that was heldlater in the day.Billed as a fun day in the snow, it is fair to saythat there is also a healthy dose of competitionwhen it comes to the business end of the day’sevents — the Lawyers v Accountants ski race.As with past years, the lawyers managed totake out top honours as the fastest profession,although it should be noted that the fastestindividual racer was an accountant, so thelawyers should not sit back and relax for toolong. I have a feeling that the accountants maygive us all a run for our money next year.The Fastest Profession Trophy is based on thefastest individuals combined times over tworaces. This year’s winners:1. Sam Hutchings (Anderson Lloyd) 38.38.2. Katie Jackson (Saunders Robinson Brown)39.05.3. Jen Crawford (Anderson Lloyd) 39.14.4. Oliver Boyd (Duncan Cotterill) 39.31.The fastest law firms were:1. Anderson Lloyd Crazy Carvers.2. Duncan Cotterill.3. Saunders Robinson Brown WC Croozers.The slowest skier and snowboarder awardswere also hotly contested titles in 2013. Theboarder-cross quickly descended into chaos onthe course, which kept things interesting forthe spectators.In terms of the race results, it is great to seethe ladies continuing to keep up with the ladseach year. What is particularly exciting this yearis that we had some fast and furiouscompetition with the two incumbents from2012 (Oli and Jen) being knocked off theirrespective perches by two fresh-facednewcomers.The writer could be encouraged to claim an

age handicap, but thatwould involve disclosingone’s age which a ladynever does (so I am told).In all seriousness though,the most promisingaspect of this year’scompetition was thenumber of newcomers tothe event. We need moreof this and I would reallyencourage everyone withan interest in snow tohave a go in 2014.The courses are short,relatively straightforwardand lots of fun. Aside frombeing an excellent teambuilding experience, theopportunities for networking should not beunder-estimated, although it is probably bestto let your supervising partner beat you downthe hill or it could be a severe career-limitingmove.A special mention must go to CrombieLockwood for sponsoring the event, withsupport from Crighton Anderson, and the eventorganiser Suzanne Jordan, from the Instituteof Chartered Accountants.

In addition to supplying some fabulous prizes,our sponsors made sure there was plenty ofschnapps on tap at the Snow Bar at the start ofthe course, which is a vital component of anysuccessful ski race.Let’s work on getting a few more accountantsinvolved next time and also think about bringinga client or two along for a fun day on the snow.In the meantime, enjoy the rest of the season(and spring storms). See you in 2014.

Above, some happy participants at Ski Day and, below, a possible reason......the Snow Bar.