COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing...

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Soloists John Beaglehole and Nick Laing The monthly newspaper of the C OUNCIL B RIEF Council Brief Advertising [email protected] Reynolds Advertising NOVEMBER 2011 ISSUE 409 THE massed choir, soloists and orchestra of ‘Counsel in Concert’ again gave vibrant performances of a programme of opera favourites, this year including works by Verdi, Mozart and Bizet. The group’s third annual charity concert was held at St Andrew’s on the Terrace on Tuesday 8 November 2011. ‘Counsel in Concert’ is based at Crown Law and involves around 70 lawyers from throughout the Wellington region as well as law staff from Crown Law. This was the first year that two performances were presented on the same day (12.15 and 5.30), following the overflowing audience at the 2010 concert. Both performances were well attended by members of the legal profession and support- ers and St Andrew’s on the Terrace was filled to near capacity for both concerts. The evening performance was attended by the Solicitor General, Dr David Collins QC, and by members of the judiciary including the Chief Justice. Justice Tipping was delighted to be thrown a red rose by soprano soloist Deborah Wai Kapohe during her performance of Habanera from Bizet’s Car- men. He promptly clasped the rose between his teeth. Around $4000 was raised on the day from donations. The funds donated will all go to the Child Cancer Foundation. Anyone wishing to make donations tagged to this event can do so online at http://www.fundraiseonline.co.nz/ counselinconcert/ ONE of the happiest occasions for our Wellington Branch is ‘Admissions Day’. Every two months on the first Friday, new mem- bers are admitted as barristers and solicitors at the High Court at Wellington. Over the year, around 350 new lawyers are admitted to the Bar in Welling- ton. Sometimes three or even four ceremonies are held over the day. During the day our Branch holds a welcome function in the Cleary Room in the High Court Library. It is lovely that members of the High Court Judiciary come and meet and mingle with the new admittees and their families. I, and members of Council, greatly enjoy officially welcoming these new admittees to the profession. Representatives of our Young Lawyers Committee are frequently on hand to talk about the great events they hold to which all new lawyers are invited. One of the most satisfying aspects of my role as President is often acting as moving counsel in these ceremonies. The admission cer- emony has changed since many of us were admitted. Admittees now have an opportunity to make a short address to the Court. It is a very personable touch, though at times can resemble acceptance speeches for Oscars at Academy Awards! More frequently, admittees are delivering all or part of their address in Maori, family and friends sometimes sing waiata after a speech; family members are permitted to take photographs during the ceremony. Spontaneous applause often breaks out at the end. In particular, I enjoy listening to the addresses from the Judici- ary, and appreciate the care and attention they put into the cer- emony. After the ceremony the presiding Judge meets the admittees. Members of the Judiciary make the day very special, and the court staff do a great job making the day run smoothly. Behind the scenes it is like ‘models of the runway’. Branch Manager Colleen Singleton ensures everything runs to plan. Claudia Downey has wigs, gowns and bands at the ready for each ‘change’ between ceremonies. Anxious prospective admittees can be seen waiting for those from the previous ceremony to return their gar- ments, following ‘photo shoots’ with families, friends and moving counsel. It is terrific seeing the enthusiasm and passion of all those coming into our profession, and the strengths they each have to offer. While many have employment, there are some who are looking for an opportunity to work in a legal practice. In Wellington we keep a CV database of those looking for work opportunities, which may just be for a few hours per week. If you may be able to offer any work, please contact our Branch. ‘Counsel in Concert’ outstanding success Tim Kelly Photography President’s Column By Nerissa Barber Welcome to the profession Soprano soloist Deborah Wai Kapohe performs Habanera from Bizet’s Carmen. Soprano soloist Morag McDowell performs the Queen of the Night aria from Mozart’s Magic Flute Merran Cooke thanks participants at the conclusion of the concert. Members of the choir alto section – the six main singers here are all from Crown Law. More pictures page 8 New Branch manager CATHERINE HARRIS has been appointed as the new Wellington Branch Manager. Catherine comes from Natural Fertility NZ Inc. where she was chief executive for three years. Prior to that, Catherine was area manager for the Citizens Advice Bureau in Auckland. She has had wide experience in advocacy, management, supporting boards, along with mar- keting and event experience. She will be working with Colleen Singleton and national office groups from 21 November 2011 as part of the handover.

Transcript of COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing...

Page 1: COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing The monthly newspaper of the COUNCIL BRIEF Council Brief Advertising adman@paradise.net.nz

Soloists John Beaglehole and Nick Laing

The monthly newspaper of the

COUNCIL BRIEF Council Brief [email protected]

Reynolds Advertising

NOVEMBER 2011ISSUE 409

THE massed choir, soloists and orchestra of ‘Counsel in Concert’ again gavevibrant performances of a programme of opera favourites, this year includingworks by Verdi, Mozart and Bizet.

The group’s third annual charity concert was held at St Andrew’s on theTerrace on Tuesday 8 November 2011. ‘Counsel in Concert’ is based at CrownLaw and involves around 70 lawyers from throughout the Wellington region aswell as law staff from Crown Law.

This was the first year that two performances were presented on the same day(12.15 and 5.30), following the overflowing audience at the 2010 concert. Bothperformances were well attended by members of the legal profession and support-ers and St Andrew’s on the Terrace was filled to near capacity for both concerts.The evening performance was attended by the Solicitor General, Dr David CollinsQC, and by members of the judiciary including the Chief Justice.

Justice Tipping was delighted to be thrown a red rose by soprano soloistDeborah Wai Kapohe during her performance of Habanera from Bizet’s Car-men. He promptly clasped the rose between his teeth.

Around $4000 was raised on the day from donations. The funds donated willall go to the Child Cancer Foundation. Anyone wishing to make donationstagged to this event can do so online at http://www.fundraiseonline.co.nz/counselinconcert/

ONE of the happiest occasions for our WellingtonBranch is ‘Admissions Day’.

Every two months on the first Friday, new mem-bers are admitted as barristers and solicitors at theHigh Court at Wellington. Over the year, around350 new lawyers are admitted to the Bar in Welling-ton. Sometimes three or even four ceremonies areheld over the day.

During the day our Branch holds a welcome function in theCleary Room in the High Court Library. It is lovely that members ofthe High Court Judiciary come and meet and mingle with the newadmittees and their families. I, and members of Council, greatlyenjoy officially welcoming these new admittees to the profession.Representatives of our Young Lawyers Committee are frequentlyon hand to talk about the great events they hold to which all newlawyers are invited.

One of the most satisfying aspects of my role as President is oftenacting as moving counsel in these ceremonies. The admission cer-emony has changed since many of us were admitted. Admittees nowhave an opportunity to make a short address to the Court. It is a verypersonable touch, though at times can resemble acceptance speechesfor Oscars at Academy Awards!

More frequently, admittees are delivering all or part of theiraddress in Maori, family and friends sometimes sing waiata after aspeech; family members are permitted to take photographs duringthe ceremony. Spontaneous applause often breaks out at the end.

In particular, I enjoy listening to the addresses from the Judici-ary, and appreciate the care and attention they put into the cer-emony. After the ceremony the presiding Judge meets theadmittees. Members of the Judiciary make the day very special, andthe court staff do a great job making the day run smoothly.

Behind the scenes it is like ‘models of the runway’. BranchManager Colleen Singleton ensures everything runs to plan. ClaudiaDowney has wigs, gowns and bands at the ready for each ‘change’between ceremonies. Anxious prospective admittees can be seenwaiting for those from the previous ceremony to return their gar-ments, following ‘photo shoots’ with families, friends and movingcounsel.

It is terrific seeing the enthusiasm and passion of all those cominginto our profession, and the strengths they each have to offer.

While many have employment, there are some who are lookingfor an opportunity to work in a legal practice. In Wellington we keepa CV database of those looking for work opportunities, which mayjust be for a few hours per week. If you may be able to offer anywork, please contact our Branch.

‘Counsel in Concert’ outstanding success

Tim Kelly Photography

❑ President’s Column

By Nerissa Barber

Welcome to the profession

Soprano soloist Deborah Wai Kapohe performs Habanera from Bizet’s Carmen.

Soprano soloist Morag McDowellperforms the Queen of the Night aria

from Mozart’s Magic Flute

Merran Cooke thanks participants at theconclusion of the concert.

Members of the choir alto section – the sixmain singers here are all from Crown Law.

Morepicturespage 8

New Branch managerCATHERINE HARRIS has been appointed asthe new Wellington Branch Manager.

Catherine comes from Natural Fertility NZInc. where she was chief executive for threeyears. Prior to that, Catherine was area managerfor the Citizens Advice Bureau in Auckland.

She has had wide experience in advocacy,management, supporting boards, along with mar-keting and event experience. She will be workingwith Colleen Singleton and national office groupsfrom 21 November 2011 as part of the handover.

Page 2: COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing The monthly newspaper of the COUNCIL BRIEF Council Brief Advertising adman@paradise.net.nz

Houghton v Saunders & Ors (High Court, Christchurch,CIV 2008-409-348, 7 October 2011, Potter J)TRANSFER OF PROCEEDINGSDefendants applied for orders that this proceeding betransferred to the Auckland registry and entered on theCommercial List - plaintiff opposed. The nature of theproceedings is that the plaintiff is a former shareholderof the failed company Feltex Carpets Ltd (“Feltex”) - theplaintiff brings a representative proceeding on behalf ofhimself and approximately 1800 shareholders againstthe former Feltex directors and other entities associatedwith a public float share issue that took place in May/June 2004. The claim primarily centres on the prospec-tus issued on 5 May 2004 which the plaintiff allegescontained untrue and misleading statements – the pro-ceeding was filed in Christchurch because the firstnamed defendant resides near Christchurch – Rules5.1(1)(a), 5.1(5), 10.1 and 29.14 High Court Rules -procedural history discussed - in the transfer of proceed-ings to Auckland registry the defendants rely on rules5.1(5) and 10.1(4) and contend that considerations ofconvenience and cost support the application – conven-ience having regard to the case in all its bearings –council and solicitors for the majority of the parties arebased in Auckland – saving of accommodation andtravel costs - proceedings at a very early stage – plaintiffsays in relation to the claim the proceeding at an earlystage: pleadings finalised and all parties have now filedpleadings – numerous applications filed to date - thirty

Page 2 – COUNCIL BRIEF, NOVEMBER 2011

You can use this diagram for either the Quick or Cryptic Clues, but the answersin each case are different. This month’s solutions are on page 7.

Cryptic CluesDOWN1. Openly enjoying a stay in the country?

(7,3)2. Not busy with coal (5)3. Wine that sparkles as it rises (4)4. Given hot tips at the barber’s? (6)5. Partly burn a fuel that draws well (8)6. It gives lift for a flier over an obstacle (4-

3)11. A fishy diversion (3,7)13. Agreeable variety of bean meal (8)14. Cooked me instead! (7)16. Hunch about a piece of venison (6)17. It helps to provide a cheap pleasant snack

(5)20. Vessels of the Royal Navy in America

(4)

ACROSS7. Book a strong man (5)8. One way to succeed (7)9. A way of putting things, just in case (7)10. Quarrelsome oarsman? (5)12. Such a fight will be close (4-2-4)15. Having the support of the board though

too old to work (2,3,5)18. A temple ornament? (5)19. One who’s made a pretence a reality,

apparently! (7)21. She has to call back - at the paint shop

presumably (7)22. Material found in many London shops

(5)

COUNCIL BRIEF CROSSWORD

Quick CluesDOWN1. Tracking dog (10)2. Happen (5)3. Otherwise (4)4. Occult (6)5. One-storey house (8)6. Stir (7)11. Make firmer (10)13. Statue base (8)14. Austere (7)16. Disperse (6)17. Lawful (5)20. Stern (4)

ACROSS7. Regional (5)

8. Junior (7)

9. Wealthy (7)

10. Entrances (5)

12. Gambler (10)

15. Inverted (6-4)

18. Attire (5)

19. Portion (7)

21. Secret (7)

22. Angry (5)

Case summaries based on those written for LINX database. Copies of thejudgments are available from the NZLS High Court Library:

[email protected] 64 4 473-6202 o 0800 FORLAW– 0800 36 75 29

November 17 2011 – Crime and Punishment:The Rising Punitiveness. Annual joint confer-ence of ANZ Association of Psychiatry, Psy-chology and law (ANZAPPLNZ), Wellington.www.anzappl.org/annual_congress.htmNovember 18-20 2011 – Future Firm Forum,Lawyers with a Life Ltd, Turangi.www.futurefirmforum.comNovember 21-22 2011 – NZ Law SocietyFamily Law Conference, Auckland.www.lawyerseducation.co.nzNovember 24-25 2011 – Canadian Aborigi-nal Law, Ottawa. www.pbii.com/922December 7 2011 – South Pacific Constitu-tions and the Rule of Law, Fale Pasifika, Uni-versity of Auckland. Legal ResearchFoundation. www.legalresearch.org.nzDecember 12-13 2011 – 30th Annual ANZLaw and History Conference,‘Private Law, Public Lives’, [email protected] 2 2011 – NZ Labour Law Society,inaugural conference, Victoria University ofWellington. [email protected] 7-9 2012 – Ceremonies of Law:Doctrine, Ritual, Ceremonial, Wollongong.www.uow.edu.au/law/LIRC/conference2011.htmlDecember 8 2011 – Robin Cooke lecture,Professor Cheryl Saunders, Melbourne, ‘AConstitution is a Catalyst’. Victoria Univer-sity Law Faculty, Old Government Building,5.30pm.March 6-7 2012 – Knowledge managementfor the legal profession, Sydney.www.arkgroupaustralia.com.au

Wellington Branch Diary November-DecemberThursday 24 NovemberMeet Chief District Court Judge Jan-Marie Doogue, Level 8, NZLS Building, 26Waring Taylor Street, Wellington, 1-2pm. No charge. RSVP Claudia Downey,472 8978, [email protected]

Employment Law Committee, Level 3, NZLS Building, 1pm.Guest speaker Greg King

Friday 25 NovemberCriminal Law Committee, meeting room, Level 3, NZLS Building, 1pm

Women in Law Committee, Level 3, NZLS Building, 1pm

Financial Markets Authority – a new era in regulation.NZLS CLE Webinar. 1-2pm. www.lawyerseducation.co.nz

Mon, Tues 28-29 NovemberReading Accounts and balance Sheets. NZLS CLE Workshop.Terrace Convention Centre. www.lawyerseducation.co.nz

Wednesday 30 NovemberLegal Assistance Committee, Level 3, NZLS Building, 1pm

Friday 2 DecemberAdmission ceremonies, Wellington High Court

Tuesday 6 DecemberDeveloping your profile and contacts. Women in Law Committee with theWellington Women lawyers’ Association forum featuring Karen Radich,Joanne Morris and Sheena Sarkar. Level 8, NZLS Building, 26 Waring TaylorStreet, Wellington. No charge. RSVP by 25 November to Claudia Downey, 4728978, [email protected] 5-7pm

Deadline for December issue of Council Brief

interlocutory applications have been dealt with – 15days of hearing – 14 telephone conferences – two ap-peals - plaintiff says as to the convenience of the par-ties: counsel for three of the six parties not based inAuckland – wants proceedings to remain inChristchurch – Court must be satisfied that overall theproceedings can more conveniently and fairly be triedelsewhere - speculation where the majority of witnessesare likely to come from – 30 percent in number and 58per cent in value of the current 1800 represented com-plainants reside in or south of the Wellington region -hearing time for trial likely to be available inChristchurch sooner than Auckland – Christchurch hassecond largest airport – convenience having regard tothe case in all its bearings will best be served by declin-ing the defendant’s application - convenience and effi-ciency of continuing the close management and controlof the proceeding by Judge in the Christchurch registryoutweigh cost savings. On the application to enterproceedings on the Commercial List at Auckland –section 24B(1) of the Judicature Act 1908 – does theproceeding have a sufficient ‘commercial flavour’ tocome within the general purpose and intendment of thelegislation – while the proceeding is eligible for entryon the Commercial List, it is not as well suited to theCommercial List processes as to close management bya Judge, as has been the procedure to date – Held:application dismissed.

ConferencesMADESIGN

m

© Mark Gobbi 2011

Answers: See page 6

2 It is black’s turn to move.What should black do?

1 How are consult, diction, andprudent connected in the law?

GLEN WIGGS is widely knownfor his role in the development ofthe system of advertising self-regu-lation that has been successful inNew Zealand over the past 20 yearsor so.

He was recognised for his workby being made a Member of theNew Zealand Order of Merit in2010.

Although not in legal practicesince 1983, the year he retired as apartner with Luckie Hain Kennardand Sclater, Glen Wiggs only re-cently relinquished his practisingcertificate after 50 years.

With a change in direction fromlegal practice in 1983, he firstworked as a consultant, helpingfirms negotiate the complex maze ofexport incentives that applied dur-ing the Muldoon era. When every-thing changed in 1984 as RogerDouglas wiped the slate clean, Glenturned his attention to marketing theprofessions, his first major job withthe Law Society,

“Where for generations lawyershad been forbidden to market them-

selves, they were suddenly told theyhad to, that the rules had changedand they had to compete.”

He re-educated himself withstudy for an international market-ing diploma which helped givetheoretical underpinning to changesfacing the legal profession. “Law-yers faced a major shock – wherepreviously their role had been toserve the law as their ‘master prod-uct’, now they had a new worldwhere the customer was king.”

Glen was employed by the LawSociety to go around the country

speaking to lawyers about the newregime and advising firms. “Weproduced the so-called ‘Rumpoleads’ promoting the legal professionaround that time.”

His efforts to help law firms pro-mote themselves, especially insmaller centres, caused disquietamong some. “If one firm pro-moted itself others might be upsetand complain to the district law so-ciety about unethical conduct bythe firm. I would say, ‘tell the firmto complain about me – I’m the onegiving the advice’. But none everdid.”

This was one of the reasons whyGlen Wiggs retained his practisingcertificate. “Even though I had leftlegal practice I made a consciousdecision early on to retain my cer-tificate. I believed that one shouldsubmit oneself to ethical standards– I wanted to say, ‘I am a memberof the Law Society and I am proudof it’, and I felt that if peoplewanted to complain about my work

Council BriefAdvertising

[email protected]

Will Notices page 8in this issue

❑ Continued page 3

Fifty years a lawyer – with a difference

Glen Wiggs

❑ Profile

Page 3: COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing The monthly newspaper of the COUNCIL BRIEF Council Brief Advertising adman@paradise.net.nz

COUNCIL BRIEF, NOVEMBER 2011 – Page 3

Criminal, Traffi c Accident InvestigationsFile/Case Analysis

TELEPHONE 021 663 236WELLINGTON: PO BOX 30080, LOWER HUTT, NEW ZEALAND

CENTRAL NORTH ISLAND: PO BOX 7168, WANGANUI, NEW ZEALAND E-MAIL: [email protected] WEBSITE: [email protected]

PROFILE

Dear EditorI AM writing because I feel strongly about what Iconsider to be anti-competitive behaviour byKiwibank and the lack of a response to it by theExecutive of the Property Law Section.

In June of this year Kiwibank announced that allloan documents and mortgage discharges wouldonly be delivered to lawyers through a systemcalled propel-lc. Propel-lc is a product owned byFirst Mortgage Services Limited (FMS). A com-pany search for FMS indicates that it is a foreignowned company. Its New Zealand address is care ofSanderson Weir.

Kiwibank stated that sending documents viaemail is not secure. I am not aware that any of thebanks have reported cases of emailed documentsbeing intercepted and put to fraudulent use. If thisis a real concern I presume Kiwibank could set up asecure delivery system much like the ones used byother banks.

Kiwibank stated that post cannot be relied onwhen timeframes are short. Agreed. That is whatfax and email and couriers are for.

Kiwibank stated that relying on paper documentsis not good for the environment. I have not usedpropel-lc but I expect it will still require that docu-ments are printed. In any event paper is a renew-able resource that is easily and efficiently recycled.

Propel-lc has been around for some time. I at-tended a presentation about propel-lc a couple ofyears back. It is a third party system that providesfor exchange of documents between bank and law-yer. When loan documents or a discharge of mort-gage are delivered the lawyer is charged a fee by thethird party. That fee was $25 but FMS is not charg-

ing the fee for the balance of 2011, presumably toquell protest against the move by Kiwibank to onlydeliver documents via propel-lc. No doubt it will bereintroduced in 2012.

The Executive of the Property Law Section de-cided not to lobby against the move by Kiwibankon the basis that it was a ‘commercial decision’ byKiwibank (Bulletin to members of 30 June 2011).Every decision in business is a ‘commercial deci-sion’. When a business makes a poor ‘commercialdecision’ that affects the membership of the Section(and their clients) it is not too much to expect thatExecutive will lobby to change that decision.

I would like to encourage other practitioners totake the matter up with Kiwibank. Practitioners thatsupport the views put forward in this letter are alsoencouraged to contact the Section (an email willtake just a few seconds of your time).

It is ironic that Kiwibank, a bank that pridesitself on being New Zealand owned, wants to forceits customers to pay an additional fee to a foreignowned company when they take out a home loan ordischarge their Kiwibank mortgage. My experienceis that many Kiwibank customers are among thoseleast able to afford additional costs.

I am sure that there are good features of thepropel-lc system of document delivery. However, Ithink that we should be able to choose whether wesign up to it or not. If it is as good as it claims it willsucceed because of its own merits. Kiwibank’scurrent stance will only serve to alienate its owncustomers and potential clients of propel-lc.

Yours sincerely,Fintan Devine, Devine Law Limited, Wellington

Kiwibank and propel-lc

CORRESPONDENCE

then they should complain to theLaw Society.”

Glen’s success in the legal worldwas followed by numerous requestsfrom other professional groups in-cluding accountants, engineers,surveyors, and architects to dosimilar work .

In 1990 the advertising industryasked him to set up the AdvertisingStandards Authority, a body that al-ready existed but only on an infor-mal basis. “As a consultant I wasbecoming a little frustrated andhere was an opportunity to practisewhat I preached and I grabbed theopportunity with both hands.

“My aim was to set up a systemwhere complaints were dealt withquickly and impartially, and wasseen to be fair and impartial. I had aclean sheet – it was a wonderfulopportunity.”

The challenge was to develop asystem that would be acceptable tothe questing, creative bunch whomake up the advertising industry,the advertisers trying to sell theirgoods and services, the media andat the same time look after con-sumer interests.

Over his 14 years as chief execu-tive of the authority Glen Wiggsoversaw the development of adver-tising codes of practice with whichadvertisers had to comply, and acomplaints and appeal system. Itwas to be a self-regulatory systemwith its own quasi-judicial struc-ture. “The point about self-regula-tion is that it is in the interests ofadvertisers, the agencies, and themedia that the system works and isseen to work. It has to be best prac-tice self-regulation, because if itfails the government will step in asit has done in the real estate andfinancial industries, which no onereally wants.

“Essentially, it is in the interestsof firms advertising, the advertisingindustry and consumers. By its verynature the industry will push theboundaries and there will be com-plaints

“The industry and the media arepassionate about self-regulation –they will voluntarily spend moneyto support the system. It is in theself-interest of the media to retainproper standards.”

Advertising cannot be mislead-ing or offensive, and it has to be

socially responsible. But standardsand mores change. “There has beena significant shift over the years, aliberalising of sexual themes andlanguage to some extent [TheToyota ‘bugger’ ads of a few yearsago are an example] but a tighten-ing of depictions of violence.”

If retaining his practising certifi-cate gave Glen a kind of “ethicalcredibility” there were several oc-casions when it had direct applica-bility. Early in 1997 theAdvertising Standards Authorityupheld a complaint from the publicabout an advertisement by theElectoral Commission aboutMMP. “Our jurisdiction was chal-lenged – did we have the right toregulate the Crown?”

Proceedings were issued, firstbefore the High Court but by theafternoon in the Court of Appeal.This was because the chair of theElectoral Commission was a judgeand could not be judged by hispeers and therefore needed a highertribunal.

“There was a full court. I wasinvolved in three ways: as the so-licitor of record, the main witness,and also our barrister JohnLaurenson asked leave for me to behis junior.”

The Court eventually decidedthat the authority had the right toregulate the Crown – but the au-thority was told to tread carefully.

Glen Wiggs retired from the Ad-vertising Standards Authority sixyears ago, however he has re-mained active in the field. He isnow director of the Foundation forAdvertising Research in which heworks with longtime collaboratorsDr Debra Harker and Dr MichaelHarker and others. He is an adjunctprofessor of advertising regulationat the University of the SunshineCoast (USC) where he spends sixweeks or so every August-Septem-ber in an unpaid research and infor-mation role.

Glen Wiggs says his legal train-ing has been invaluable over theyears. “As chief executive of theauthority I was an advocate, and Iknew that I needed to have the evi-dence on my side to carry the argu-ment, and this continues in my rolewith the foundation…

“I loved legal practice, but I waslucky enough to have another life.”

❑ Continued from page 2

Glen Wiggs: Fifty years alawyer – with a difference

The NZLS Property Law Section responds:The NZLS Property Law Section (PLS) has not resisted what it considers to be the bank’s commercialdecision because it does not believe that decision has a negative impact on the public and the profession.The PLS has a long-standing policy not to endorse or recommend third party products and services. It isthe bank’s decision about how it chooses to instruct lawyers, and lawyers can decide whether or not theywish to accept those instructions via propel-lc. If a lawyer believes it is not in his or her client’s bestinterests to accept instructions via propel-lc, then the lawyer should explain the reasons for this decision tothe client. The PLS has spoken to a number of members that are using propel-lc and many have expressedthe view that the system does streamline loan settlements. Lawyers not using propel-lc may wish tocontact those lawyers who are using it, for their feedback on its performance. Kiwibank has expressedthe view that the benefits to it, and to its customers, of using propel-lc are such that it will not run twosystems.

THE Families Commission haslaunched a New Zealand Family Vio-lence Clearing-house (NZFVCH)website, giving greater access to fam-ily violence research.

This project is part of a partner-ship between the Commission andthe University of Auckland.

The website’s purpose is tomake information available to peo-ple working in violence prevention.Chief Families Commissioner CarlDavidson says that better informa-tion means better results, “It’s inthe interests of all New Zealandersthat our response to family violencedraws on the best research fromaround the world,” he says.

The Clearinghouse draws onwork by Dr Janet Fanslow and As-sociate Professor Robyn Dixon.

The NZFVCH website is acces-sible at www.nzfvc.org.nz

Family violenceclearinghouse website

WITH the Webb Ellis Cup safely in the nation’s trophy cabinet ourattention has turned to the impending general election and referendum.The countdown to 26 November has begun as the media saturate us withpolitical policies and promises.

On Friday 11 November members of the profession were invited by thebranch council to attend a “Mseet the Justice Spokesperson” debate. Theevent held in the boardroom of the New Zealand Law Society building.

The Honourable Christopher Finlayson attended for National Party,Charles Chauvel MP for the Labour Party, James Shaw for the GreenParty, Stephen Whittington for the ACT Party and Kaapua Smith for theMaori Party.

Each speaker had seven minutes to address the profession on theirrespective justice policies before we called for questions from the floor.The batting order was determined by drawing numbers out of a tea cupgiven the interest that day around the Epsom tea party.

Mr Cameron Madgwick from the Community Law Centres o Aotearoaasked each spokesperson for their perspective on the communityLawConnect project (a pro bono legal clearing house). This questiongenerated good discussion amongst the group.

Overall the evening provided the attending members of the professionwith an excellent way of comparing the justice policies of each party andalso the opportunity to mix and mingle with the politicians.

By Mark Wilton, Vice President Wellington Branch Council

An evening with the politicians

Council BriefAdvertising [email protected]

Will Noticeson page 8 in

this issue

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Page 4 – COUNCIL BRIEF, NOVEMBER 2011

ADMISSIONS

David Baxter, Kirsty Baxter, applicant Chrissie Baxter and Sophie Baxter.

Alan Ritchie and applicant Claire Benjamin.

Colleen Singleton, David Turner, Claire Benjamin and Alison Benjamin. Loretta DeSourdy andapplicant Sarah DeSourdy.

Sarah Logan, Paul Logan, applicant Nick Logan and Grace Garnham.

Jet Chiew, applicant Jessica Chiew, Kay Chiew andCouncil member Mark Wilton.

Helen Grant, applicant Mia Gaudin and Alastair Gaudin. Jenny Harker, applicant Chris Harkerand Bruce Harker.

David Williment, applicant Rachel Barnett, Jan Davies,Rob Barnett and moving counsel Stephen Osborne.

Alvin Karan, applicant Swasti Arya, and movingcounsel Anya Sherwen.

Charles Deans, applicant Catherine Deans, Jane Deans and Geogina Deans.

Devi Swastikanjali AryaJoseph Malachy FitzgeraldMichael James GreenEdward Murray GreigJohn Michael HealyMatthew Spencer JenkinsEmma Joy KyleEmma Jane LanglandsRita Joan LoweYasmin MoinfarCameron Faulkner PentecostDena Jazmin ValenteAshleigh Anita WoodhouseLuke Christopher Anthony BarringtonMatthew Kevin BoothEmma Grace CoburnDavid Hopkirk GendallPeter Andrew GrigorDaniel Robert HealyConnie May Shen LawNicholas Edward Harrington LoganCarla MosleyKate Georgina Stone

Aroha Couling, applicant Christina Couling and Neil Couling.

Ronn Michael TejanoCharles Julian VaughanFrederick Van Reenen VisserNadine Zoë ArmstrongLaura Elizabeth AshworthRachel Kim BarnettKirsty Michelle Bettye BaxterCatherine Elizabeth Jane DeansSusanna Claire DobsonSonia Claire FitzpatrickStephen Edward GilesJemma Sian Carol LalaJoshua Damian McGettiganJeremy Patrick McGeownSarah Jean WatsonRachael Arlene BalasingamGuy Joshua Carlile CarterChristina Mariu CoulingBenjamin Peter LloydChristopher Matthew HarkerSarah Emily Whenuarua Desourdy HastingsClaire Teresa HislopJennifer Kay Marren

Alexa Bree MihailoffErin Liana MorrissMihiata Rose PiriniAnna Brooks RoweBraeden James SmithNathaniel Lewis WalkerDavid John WillimentClaire Rochelle BenjaminSarah Louise CameronHelen CecchiJessica Meng Yeong ChiewHelen Jane DavidsonGeorgina Charlotte AliceFurnissMia Elizabeth Grant GaudinJames Barnard GilbertFiona Maree GreenChristopher David NewmanJonathan Blair OsborneKavinda Ruvin PattiaratchiHelen Lisa SimsCaroline Louise Taylor

Candidates admitted to the Barat ceremonies on 7 October 2011

Pictures takenat the social

event followingAdmission

Ceremonies on7 October 2011

Page 5: COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing The monthly newspaper of the COUNCIL BRIEF Council Brief Advertising adman@paradise.net.nz

For lawyers’ meetings, business or pleasure,

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recently refurbished restaurant is the perfect

complement to your business meeting or a

relaxing after-work dinner in an intimate setting…

The Wellesley Boutique Hotel is an

ideal meeting place for lawyers – for

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Four meeting rooms of differing size

suit smaller or larger groups. One has

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Contact Clarice Olckers, Functions [email protected]

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www.wellesleyboutiquehotel.co.nz

COUNCIL BRIEF, NOVEMBER 2011 – Page 5

DES DEACON

Jo Murdoch, Janine Bonifant and Allie Mills.

Lynda Stevens and Rennie Gould.The Hon Justice Miller and Chris Corry.

John Miller and His Honour Judge Stephen Harrop.

Lorraine Skifington, Sue Shone and John Miller.

Elizabeth Armstrong, Kerrin Eckersley, Ellie Wilson, Charlotte Hollingsworth,John Miller, Katty Lau and Helen Williams.

THE 6th annual Des Deacon Memorial Dinner took place on Thurs-day 3 November in the grand dining hall of the Wellesley BoutiqueHotel and Cafe. It was again organised by Rennie Gould and KerriDoherty.

There were 60 practitioners and others in attendance, with Johnand Vicky Tannahill and ‘The Widow’ (Robin) Deacon, as NoelSainsbury calls her, all present for a sixth time.

District Court Judges Broadmore, Davidson, Harrop and Tho-mas also attended, along with His Honour, Justice Miller.

Judge Broadmore cheerfully admitted to “gatecrashing” (thoughhe agreed to pay up), which was a very good thing, as His HonourSir David Carruthers was a late cancellation.

There were large contingents from the newly formed PublicDefence Service, John Miller Law and Luke Cunningham, with anastonishing 11 Crown Prosecutors present.

One of the special features of this informal get-together is theconvivial mixing of defence and prosecution in a largely criminaldefence based group setting.

Judith Fyfe and Robin Deacon spoke briefly and shared storiesabout Des. Noel Sainsbury MC’d and read the eulogy for Des,which was written and delivered by Judge Bruce Davidson at thefuneral service in Old Saint Paul’s seven years ago.

Blake Dawson and Andy More.

Lynda Stephens, His Honour Judge Stephen Harrop,Liz Hall and Jock Blathwayt.

Noel Sainsbury, Tim Vogel and His Honour Judge Devidson.

Jane Armitage, Robin Deacon and Kerri Doherty.

His Honour Judge Broadmoreand Kerri Doherty.

Val Nisbett, Kerri Doherty and John Miller.

Good turnout to remember Des

Page 6: COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing The monthly newspaper of the COUNCIL BRIEF Council Brief Advertising adman@paradise.net.nz

Page 6 – COUNCIL BRIEF, NOVEMBER 2011

MADESIGNm

Answers for puzzles from page 2

1 juris: when connected to the givenwords, the results are jurisconsult,jurisdiction, and jurisprudent,which are law-related terms foundin the Oxford English Dictionary,online edition (2011).

2 If white can take black’s pawn, thegame ends in a draw because a kingand bishop cannot mate a lone king.To win, black must queen the pawn,and does so by diverting white asfollows: 1…Bd4 2 Kd3 (if 2 KxBd4then 2…Kf4 wins as the black kingmay now escort the pawn to itsqueening square) 2…Kf4 3 Ke2Bc3 wins as the bishop nowcontrols the queening square andthe white king cannot stop thepawn, especially if the white kingtakes the bishop).

By Professor Tony Smith,Dean of Victoria University’s Law School

Powers of Police, constitutional issues and public events

Professor Tony Smith

A number of in-teresting consti-tutional issuesare wrapped upin a recentDominion Postfront page head-line, “ShouldWorld Cup payour cops?”, al-

though one searches in vain for anyacknowledgement of that dimen-sion in the discussion underneath.

To ask the most basic question:The police are already funded fromthe public purse. Why should anyprivate individual be expected topay extra? A representative for thePolice Association is quoted as say-ing that such payments are madeelsewhere in the world, and in par-ticular in the United Kingdom withthe implication that it follows that itis appropriate here too. It is per-fectly true that the football clubswere increasingly required to helpfinancially to curb “violence on theterraces” at football (soccer)matches in the 1970s and 1980s.Violence between the “fans” of therival clubs was an absolute scourgeof the game, and it did not seem atall unreasonable to require theorganisers to pay over and abovethe usual subventions to meet theadditional costs of policing – whichwould include measures such ascamera surveillance inside thegrounds themselves.

Even now, though, when ter-races are pretty much a phenom-enon of the past, having given way

VUW LAW FACULTY

to all-seater stadia, the police rou-tinely take measures to keep fansapart on the way to and from thegame, and the stadia themselves aresegregated for “home” and “away”supporters, and the clubs continueto pay for that. Rugby is an entirelydifferent matter – the friendly ban-ter visible during the World Cup isfamiliar to the Celts and the English(and the French) at home.

How extra costs for policingpublic events might be raised canrapidly become politically contro-versial. Should demonstrators bemade to pay for their exercise offree speech, for example, whenthey march upon Parliament, asthey frequently do? The answer tothat is most likely to be in the nega-tive (as it was in the United King-dom in the 1980s). Free speechshould be just that, free.

But what about the costs of po-licing demonstrations against theconduct of people who are engag-ing in lawful but arguably provoca-tive behaviour, such as the exportof live animals? In the HorshamJustices case decided in the Houseof Lords in 1999, the Chief Consta-ble of Sussex had come to the con-clusion that he could not afford theadditional costs of deploying forcesto protect the exporters on everyday of the week against protest thatwas apt to become violent, and thegovernment was not prepared tofind the extra funds in aid. In effect,the exporters had to stop trading onthe unpoliced days. The House wasunwilling to decide that the deci-

sion not to police was unlawful. Itwas, as Lord Cooke put it in hisspeech in the case, a defeat for therule of law, in that entirely lawfulconduct was prevented by threats ofunlawful force.

One of the very important differ-ences in the constitutional statusand functions of the police betweenthe United Kingdom and here isthat the recent New Zealand PoliceAct makes it very clear that thelocal police have a fundamentalduty to protect and preserve publicsafety, in addition to preservingpublic peace (or preventing disor-der), which is the common lawmandate. I suspect that, in bothcountries, we have always expectedthe police to take responsibility forsafety too. But in the United King-dom, at least, explicit appropriatepowers for dealing with safety con-cerns appear not to be available,and the police are forced to mouldpublic order law for safety pur-poses, which can have disastrousconsequences.

Exuberant crowds, even good-natured ones, are potentiallyextremely dangerous. TheHillsborough disaster that occurredwhen Liverpool were playing Shef-field United (98 people were killedand hundreds injured) in the late1980s was a horrible reminder ofthat. A judicial inquiry chaired bythe Chief Justice Lord Taylor foundthat the police were to blame fortheir lack of control, and recom-mended all-seater stadiums for thefuture. But no fundamental legalchange was forthcoming.

What bearing does this have onthe question of additional privatefunding? The logic would appearto be that if the police were to bepermitted to charge for their serv-ices, in New Zealand at least wecould expect them not to be able toclaim for maintaining public safety,

since that is already part of theirconstitutional remit. It is only if thethreat to public safety goes well be-yond that which might be expectedwhen large crowds gather that itwould be justifiable to levy an extracharge. That way of looking at itmay be to press logic too far, andwe are all familiar with the nostrumabout the life of the law and logic.But the NZ Rugby Football Unionhas principle on its side.

Gaddafi aftermathI doubt that anybody in this coun-

try will lament the demise of dicta-tor Colonel Gaddafi, however muchthey may have qualms about the cir-cumstances surrounding his captureand killing. The soft-spoken Scot-

Applications to Council

concerning conduct on the part of anyapplicant listed below that youconsider would have a bearing on thatperson’s application please write, inconfidence, to PO Box 494,Wellington by 25 November 2011. Ifno comments have been received bythat date, the applications will bereferred to Council for consideration.

11 November 2011The Council of the Law Society con-siders it appropriate that namesshould be published to the professionof applicants seeking to practise ontheir own account, seeking a Practis-ing Certificate pursuant to s41 of theAct, or a candidate seeking admis-sion.

If you have any comments to makeCandidates for admission as a barrister and solicitorCandidates for admission as a barrister and solicitor are required to produceto the Court evidence to establish that they are of good character and that theyare fit and proper persons for admission. The Law Society is required to certifythat it has made full enquiry and is satisfied that the candidate is of goodcharacter and that the Society’s Council knows of no objections to the grantingof the application for admission. To assist in this assessment, the Society seeksreferences from persons nominated by the applicant and also a certificate ofstanding from the Dean of the law school attended.

Ashford, Lucinda MaryBennett, Esther LouiseBidewell, Simon John GrahamClark, LindaDonovan, Sean PatrickGastaldo-Brac, Nadia KateHicklan, Esther IvyHogue, Jennifer PatriciaLai, David Tai Wai

Lee, Mecca Oak FungMcCaffrey, Hugh AlbertMcKeown, Elliot SimonMurray, Caitlin AnneNorris, Claire LouisePatel, Hiran KishorPurdy, Emily ChristeneRigby, Alicia EmmaScanlon, Bernadette Frances

Scarlet, Kathryn Hannah DorielScott, Dale PeterShino, Maya AlexandraShino, Muneya BreretonSullivan, Benjamin Alexander RobertYoung, Helen Gee KwanWhittington, Stephen AlexanderWikaira, Maia Moana ElizabethZhao, Qun

Applicants to Practise on Own AccountPursuant to section 30(1)(a) of the Lawyers and Conveyancers Act 2006,applicants seeking to practise on their own account are required to satisfy theCouncil that they are a suitable person to practise on their own account. Toassist in this assessment, the Society seeks references from persons, includingprevious employer(s), nominated by the applicant and conducts an interviewwith the applicant. Gordon, Richard James

tish doctor Jim Swire, whose daugh-ter was killed in the Lockerbie PanAm bombing, expressed the regretthat a man who might have beenable to shed light on the truth aboutthat atrocity (had he been allowed tolive and to face trial) had taken thosesecrets to the grave. Dr Swire didnot believe that the one person con-victed (Abdulbasset el Megrahi,whose release on humanitariangrounds has proved enormouslycontroversial) was clearly proven tohave committed the offence, a reser-vation that I share. Whether therewill be found in the wreckage of theColonel’s regime any evidence as towhat really happened, we must waitto see and hope.

The Robin Cooke Lecture this year takes place on Thursday 8December, at 5.30 in the Old Government Buildings Lecture Theatre. Itis to be delivered by Professor Cheryl Saunders of Melbourne, whosetitle is ‘A Constitution as Catalyst’: Different Paths within AustralasianAdministrative Law’. All are invited to the lecture itself, and to pre-Christmas refreshments afterwards. I hope to see many of you there.

Invitation to Robin Cooke Lecture andpre-Christmas get-together

“You are Invited” to a Fun Early Evening Unique Clothes Experience!

at Eva’s Attic Charity premium Op Shop74 Cuba St, upstairs and downstairs

22 November 5 to 7pm

Come along and choose from gorgeous summer day and evening wear fromthe range of great quality donated items, some are vintage others are brand

new, all are a bargain. Top NZ and international labels are included.

New summer stock items will be released on that evening !

As all proceeds go to charities that do wonderful community work in our areatherefore you will be helping: Youthline, Rape Crisis, HUHA, Kaibosh and

New Horizons for Women.

There will be spot prizes and if you bring along a garment to donate you willget a $5 credit as well as knowing that you are helping the above charities.

In addition, Lavage will be selling their beautiful hand crafted soaps and otheritems which will make superb christmas gifts. Innate skin care will also be

selling their sumptuous organic and ethically sourced skin care range.

Downstairs Eva’s Attic will have their premium labels andLavage products for sale.

Upstairs will be the bulk of Eva’s attic stock, Inate skin care and glasses ofwine! $10 door charge upstairs which will go to the charities.

THE ACLA/CLANZ Legal Department Benchmarking Report – which helps businessesmake performance improvements, cut legal costs and gives law firms insights into evolvingclient needs – received an APEX Award of Excellence in the 23rd Annual Awards forPublication Excellence in the United States.

Research for the report was conducted by legal business consultancy Team Factors led byRon Pol.

The Report has also been released as one of the first iPad applications developed for NewZealand and Australian law firms. The new application will help busy lawyers who needimmediate access to the benchmarks, best practices and strategies for maximising legal value.

Local firm wins international award for benchmarking report

Page 7: COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing The monthly newspaper of the COUNCIL BRIEF Council Brief Advertising adman@paradise.net.nz

COUNCIL BRIEFThe monthly newspaper of the

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 December 2011 issue is 2.00pm, Monday December 5,

2011.

Circulation: 3150 copies every month except January. Goes to all barristers and

solicitors in the Wellington, Marlborough, Wairarapa, and Manawatu areas. Also

goes to many New Zealand law firms, to law societies, universities, judicial officers,

and others involved in the administration of justice.

Will Notices: $57.50 GST inclusive for each insertion.

Subscriptions: Annual subscription $46.00 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 472 8978, (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 APN Print, Wanganui.

COUNCIL BRIEF, NOVEMBER 2011 – Page 7

THE government has touted theSleepover Wages (Settlement) Actas a fair and just resolution to thesleepover wage issues created byIdea Services Ltd v Dickson (Febru-ary, 2011) in the health and disabil-ity sector. However, the Act mayraise further issues for our clientsworking in this sector, as the scopeof the law is narrow: the settlementonly affects certain employees andpotentially excludes others.

In Idea Services Ltd v Dickson theCourt of Appeal found thatcaregivers sleeping overnight attheir place of work were consideredto be working, and therefore shouldbe paid the minimum wage. Thiscase constitutes a dramatic change inhow some of our clients will be paid,and how much they will be paid. Theapplicants in this case were also enti-tled to back pay and many clientsmay be similarly entitled. It is there-fore important to understand whenand how this case law applies.

To work out whether a client hasa claim to back wages as a result ofthis case, there are two primary ele-ments to consider:1) Did the client’s sleepover consti-

tute work?2) Did the client (and their em-

ployer) fall within the scope ofthe Sleepover Wages (Settle-ment) Act?If a client’s work did constitute

work, and they fall outside the scopeof the Act, then they maintain theirfull right to claim back wages. If,however, their employer is coveredby the Act, they may be directly enti-tled to a pay-out, or their claim maybe extinguished.

The court found that there arethree factors to consider when decid-ing whether or not a sleepover con-stitutes work. These are:

• How much freedom the employeewould otherwise have to do as heor she pleases;

• The nature and extent of the em-ployee’s responsibilities;

• The benefit to the employer ofhaving the employee perform therole.

Work or not work?Whether or not a sleepover is

work depends on the extent to whichthese factors apply, and this needs tobe determined in an “intensely prac-tical” way.

The court was willing to look atoverseas legislation as well, particu-larly to help determine whether par-ticular factors made a sleepovermore or less like ‘work’. These fac-tors included whether or not staffneeded to be present at the place ofwork, and the impact of the work onthe employee’s ability to managetheir time when their professionalservices were not required. Overseasjurisdictions generally had specificminimum entitlement legislation butrelied on the common definitions of‘work’ in most instances, and theCourt of Appeal appears to havelargely adopted this approach.

Settlement LegislationFor clients who want to know

their entitlement to historicsleepover wages, the SleepoverWages (Settlement) Act must beconsidered. The Act implements asettlement agreement between IdeaServices Limited, Timata Hou Lim-ited and the Service and Food Work-ers Union, regarding the payment ofback wages. If a client works orworked for one of these businesses,and lodged a claim for back wagesbefore 2 September 2011, then theirback wages should be paid out by 18December 2011.

The Act also establishes a frame-work for other employees in thehealth and disability sector to settleback wages. For employees workingfor employers who receive fundingfrom Vote Health, this framework isthe only avenue open for those want-ing to claim back wages. Otherwisetheir rights have been removed.

This Act does not affect other in-dustries or those within the healthand disability sector who do not re-ceive funding from Vote Health.Those who fall outside the ambit ofthe legislation still maintain their fullrights to claim back wages.

Back wage settlementsIf a client has a claim to back

wages, and is not bound by the strictentitlements of the settlement legis-lation which prescribe the level ofcompensation an employee is enti-

tled to, then they will need an indica-tion of the level of back wages theymay be able to claim for.

In Idea Services Ltd v Dickson,the court found that Mr Dickson wasentitled to pay at an hourly rate. Analternative put before the court wasthat wages would be calculated onaveraged basis, where a higher thanminimum wage during more con-ventional work would compensatefor a lesser rate of pay duringsleepover periods. The court gener-ally rejected this view but left openthe option of calculating wages on aweekly basis, if this could be justi-fied under the individual employ-ment agreement and in particularfact situations.

Because this law involves mini-mum entitlements, there are implica-tions for the settlement of back

THE WIZARD OF ID

wages through mediation. Section148A of the Employment RelationsAct (ERA) sets out that the media-tion service is no longer allowed tosign off on settlements where em-ployees agree to receive less thantheir minimum entitlements. Be-cause of section 148A, it appearsthat an employee would not be ableto agree to receive anything less thantheir full back wage entitlements.

Minimum wage: the futureIdea Services Ltd v Dickson has

had a significant effect on the levelof wages many people are entitled toreceive. This is still filtering throughto employers. Some employees maystill not be receiving the full wagesthey are entitled to, and as those em-ployees transition to full wages, theirback wages continue to accrue.

PREVIOUS editions of CouncilBrief have related something of thework of the Taita-Pomare Project,an innovative, multi-stranded com-munity initiative that changes lives.

Led by the Rev Charles Noanoaat St Matthews Anglican Church,Taita, the work includes youth jus-tice and prisoner re-integration fromRimutaka Prison’s faith based unit, afood bank and food co-operative,community gardens and oversight ofthe Tumeke Taita Touch Team.

During the October school holi-days the first Children’s Day “cook-off” was held at St Mathews.Modeled on the “Master Chef” for-mat, each family had a choice ofwork station with prepared ingredi-ents and a recipe which they couldcook together. The recipes usedfoods which would usually be foundin food bank parcels, and were easyto prepare and nutritious.

Prizes were awarded for a rangeof attributes which included work-ing well together. Over 50 peoplesat down for the lunch which in-cluded; macaroni cheese, spaghettibolognese, devilled sausages, applecrumble and fudge cake. All fami-lies also got to take home a beautifulhandmade recipe book speciallyprepared for the day by two Taitawomen.

Also in October the city acquireda new event, ‘Friday Fish and Chips’at the Wellington Cathedral of StPaul. Held in the Loaves and FishesHall, this inaugural fundraisinglunch, hosted by Dean Frank Nel-son, is based on a similar annualevent held in Australia’s BrisbaneCathedral for 17 years, and whichhas raised millions of dollars forcharitable causes there. The Taita-Pomare Project was this year’s re-cipient of the lunch money.

The Cathedral’s neighbourspulled together to support the eventand fed over 110 people. Chef HemiTahu from Charlie Bills’ Fine FoodBistro in Thorndon did the cooking,“Hooked on Seafood” at the Rail-way Station donated the fish,Thorndon New World the chips, andCroft Wines of Martinborough pro-vided a glass of wine to wash it alldown. A local family donated thedessert and the Backbencher cameon board with a generous raffleprize.

Other neigbours, parliamentar-ians Annette King and Jonathan

Young also joined the Dean speak-ing on “A compassionate approachto welfare reform in New Zealand”.

During the lunch and in the spiritof the World Cup, Dean Nelson, do-nated some of the proceeds from themuch publicised “Rugby Icon”painting towards the Tumeke TaitaTouch Team’s expenses for the De-cember NZ Maori games and na-tional secondary school games.

Over the World Cup period thetouch team had the opportunity tosee the play I George Nepia at CircaTheatre. For a number of the boys,George Nepia and the 1924“Invincibles” was a new story butthey all left the theatre inspired for awin in December.

If you are wanting to donatesomething this Christmas or wouldlike more information about theproject described here please [email protected] orvisit www.wn.anglican.org.nz.

COMMUNITY LAW CENTRE

By Kate Scarlet, Employment Advocate, Wellington Community Law Centre

Sleeping on the job – are sleepovers work?

Crossword SolutionsFrom page 2

Across: 7 Atlas; 8 Inherit; 9 Packing; 10 Rower; 12Hand-to-hand; 15 On the shelf; 18 Tiara; 19 Usurper;

21 Shellac; 22 Nylon.

Down: 1 Camping out; 2 Slack; 3 Asti; 4 Singed; 5Charcoal; 6 Crow-bar;11 Red herring; 13 Amenable;14 Steamed; 16 Haunch; 17 Apple; 20 Urns.

Cryptic Solutions

Quick SolutionsAcross: 7 Local; 8 Younger; 9 Opulent; 10 Gates; 12Speculator; 15 Upside-down; 18 Dress; 19 Segment;

21 Private; 22 Irate.

Down: 1 Bloodhound; 2 Occur; 3 Else; 4 Mystic; 5Bungalow; 6 Agitate; 11 Strengthen; 13 Pedestal; 14Ascetic; 16 Dispel; 17 Legal; 20 Grim.

Fish and chips, a ‘cook-off ’ and George NepiaBy Anne Hannah

❑ Anne Hannah is Funding Managerfor the Anglican Diocese of Wellington

Page 8: COUNCIL BRIEF Council Brief Advertising - Law Society · Soloists John Beaglehole and Nick Laing The monthly newspaper of the COUNCIL BRIEF Council Brief Advertising adman@paradise.net.nz

Page 8 – COUNCIL BRIEF, NOVEMBER 2011

SITUATION VACANT

Wanted – experienced lawyerOur consultant is retiring and we have a gap to fill.

If you are tired of being a sole practitioner or

want a change from the grind of a big firm,

please give us a call.

Contact Frank Gradwell

(04) 472 6904

[email protected]

BRANDONSBARRISTERS • SOLICITORS • NOTARY

PRACTICE NOTICE

CHRISTINE BATT

The Partners of Tripe Matthews & Feist are pleased to announce that Christine Batt has joined the partnership, from 1 October 2011.

Christine’s areas of practice are civil litigation, Maori Land law, employment law and family law.

Christine has joined Russell Feist, Peter McMenamin, David Murphy and Bev Roche in partnership.

Christine’s contact details are:Level 2, Petherick Tower, 38-42 Waring Taylor Street, Wellington

PO Box 5003, Wellington, 6145DX SP 22509, Wellington

Tel (04) 472 5079 or DDI (04) 494 8360Fax: (04) 473 3696

Email: [email protected]

Council

Brief

Advertising

[email protected]

■ The charge for publishing a will notice is now$57.50 including GST. Please send paymentwith your notice.

■ Will notices should be sent to the BranchManager, NZ Law Society WellingtonBranch, PO Box 494, Wellington.

Please contact the solicitorsconcerned if you are holding a will

for any of the following:

FOR URGENT ACTION

WILLENQUIRIES

ADAMS, Melvin HinerauLate of Flat 12, 185 Naenae Courts.Naenae, Lower Hutt, Wellington.Aged 65 years. Died at TaumarunuiHospital on 23 June 2011.Is thought to have made a will with aWellington practitioner.Anne Tiaraukure Barrett58 Piaua Road, RD 4, Taumarunui 3994Tel 07 895 3024

HAMILTON, Terence JamesLate of 23 Hart Avenue, Epuni, LowerHutt.. Retired. Married. Aged 74 years.Died at Lower Hutt on 22 August 2011.Public Trust (Michele Cairns)PO Box 31446, Lower HuttDX RP42084Tel 04 978 4872 Fax 04 978 [email protected]

JENKINS, Ian StuartLate of Trentham, Upper Hutt.Retired. Born 2 November 1932.Died at Lower Hutt on 23 October 2011.Burns Metcalf & Co (Bob Metcalf)PO Box 38, Wellington 6140DX SP 22046Tel 04 472 [email protected]

MATAIA, Siaosi SioneLate of 27 Justine Street,Cannons Creek, Porirua.Died on 20 September 2011.Ian McCulloch Max Tait Law(Ian McCulloch)PO Box 50565, PoriruaDX SP32545Tel 04 237 6555 Fax 04 237 [email protected]

MORTENSEN, Sean ElliottC/- Ms C J Knight, 7 Ryan Place,Blenheim. Forestry Worker.De-facto. Aged 34 years.Died at Blenheim on 10 January 2010.Public Trust (Michele Cairns)PO Box 31446, Lower HuttDX RP42084Tel 04 978 4872 Fax 04 978 [email protected]

PLEYDELL, Paul David ColumbaLate of Wellington.Died at Wellington between18 and 26 September 2011.Rasch and Leong (Ramona Rasch)PO Box 14304, Wellington 6241DX SP34001Tel 04 387 7831 Fax 04 387 [email protected]

Council Brief Deadline December issue:

More pictures from ‘Counsel in Concert’ – see page 1

Tuesday 6 December

INSTITUTE of

PROFESSIONAL

LEGAL STUDIES

Train the lawyers of tomorrow

[email protected]

The Hon Justice Tipping, Solicitor-General Dr David Collins QC and soprano soloist Morag McDowell.Tim Kelly Photography

With all duerespect to

the Judiciary?Public Lecture presented by

Lord Collins of Mapesbury PC, LL D, FBA

• Former Justice of the SupremeCourt of the United Kingdom

• General Editor of Dicey Morrisand Collins on the Conflict ofLaws

• Honorary Professor UniversityCollege London

• Inaugural Borrin Fellow in theLaw School at Victoria University

Thursday 24 November 2011, 5.30pmLecture Theatre 2,

Old Government Buildings55 Lambton Quay, Wellington

Conductor Owen Clarke.