Council Brief - July 2011
8
THE Women-in-Law Committee is delighted to announce that eminent jurist, Sir Kenneth Keith ONZ KBE QC, will deliver this year’s Shirley Smith address at Victoria University on 10 August. Sir Kenneth will draw on his experi- ences as a judge at the International Court of Justice in the Hague to speak on ‘Human Rights and National Secu- rity in International Law and National Law’. Sir Kenneth says: “The protec- tion of human rights and the demands of national security are often seen as being at loggerheads. But are they? Might not some steps taken in the name of national security themselves threaten the traditional laws and political values of the nation? Nearly 100 years on from the assassination at Sarajevo and 10 The monthly newspaper of the C OUNCIL B RIEF Council Brief Advertising [email protected] Reynolds Advertising JULY 2011 ISSUE 405 ❑ President’s Column Branch AGM hears of positive progress • Committee reports 3 • Coming later to law 4 • Annual Dinner 5 In this issue: New Wellington Branch Council NERISSA BARBER, the only nominee, was declared elected as the President of the New Zealand Law Society Wellington Branch. Three nominations were re- ceived for two Vice President posi- tions. The successful candidates were Daryl Strachan and Mark Wilton. Thirteen nominations were re- ceived for 10 positions on the Council. The successful candidates were Melanie Baker, Don Breaden, Amanda Courtney, Rachael Dewar, David Dunbar, Briar Gordon, Annette Gray, Aaron Martin, Ruth Nichols and Catherine Rodgers. One nomination was received for Wairarapa Representative and Belinda Inglis was declared elected. One nomination was also re- ceived for Young Lawyers Repre- sentative and Emily McLachlan was declared elected. BRANCH Presi- dent Nerissa Bar- ber said the past year had been busy, with the de- velopment of the Wellington Branch of the NZ Law Society. She noted that lawyers are fac- ing change in many areas of the profession and that pastoral care was a key function. “We continue to support the pro- fession through chaplain, Julia Coleman, who provides services on a voluntary basis. We also have a Friends Panel, and a mentoring pro- gramme is planned … the Branch has worked with both the Property Law and Family Law Sections to convene lunch time gatherings of practitioners.” Communications Communicating with members was pivotal, Ms Barber said, and she noted the success of the weekly electronic newsletter, e-brief, and the monthly publication Council Brief. A Council sub-committee, convened by Dr Briar Gordon, liases with the Council Brief editor. “Work continues on our Digital Strategy, with the aim of enhancing website resources – Council Brief is now available online.” She noted a survey of members, led by Anne Molineux which she said was helpful in informing Branch planning. Networking with the profession Ms Barber said that key stakeholder groups have been in- vited to meet with the Council. These have included Young Law- yers; Dr David Collins QC, Solici- tor-General, and members of the Government Legal Services Gov- ernance Group; Professor Tony Smith and members of the Victoria University Law Faculty; repre- sentatives of CLANZ, the Property Law and the Family Law Sections; Christine Grice, NZLS Executive Director, and senior members of her team. “These discussions have been beneficial and I would like to thank them for their helpful com- ments and active engagement. “I have been attending Victoria University Law Faculty’s regular meetings, where possible. We have also been liaising with the president of the Victoria University Law Stu- dents Association and with the Uni- versity’s careers service on other ways we can work together.” Events Diverse events have been held through the Branch, among them: • a dinner to celebrate the appoint- ment of Their Honours Justices White and Ellis to the High Court • an evening with the Judiciary for recently admitted members of our profession • a dinner to honour colleagues in practice for 50 years or more • a summer inner city Friday walking group and a public law interest group lunch • joint events, including a family law practitioners lunch (with the Family Law Section), a property law practitioners lunch (with the Property Law Section), and a seminar on work-life balance (with CLANZ). The Branch’s Women-in-Law committee has co-hosted events with women engineers (the Institution of Pro- fessional Engineers New Zea- land) and worked closely with the Wellington Women Lawyers Association. “Other events include the An- nual Shirley Smith Address, which continues to stimulate thought and debate; and there have been numer- ous admissions ceremonies fol- lowed by functions welcoming new members to our profession.” Ms Barber acknowledged the work of Branch committees, and thanked NZLS President Jonathan Temm and Executive Director Christine Grice, for their support. She also thanked Mary Jeffcoat, NZLS Vice President, and Welling- ton past presidents for their ongo- ing support of the Branch, and the commitment and work of Branch Manager, Colleen Singleton and administrator Claudia Downey. Queen’s Birthday honour ❑ The full version of Nerissa Barber’s address to the AGM may be read on my.lawsociety AT the Branch AGM on 22 June mem- bers debated whether the terms of of- fice of president, vice presidents and Council members should be extended to two years instead of the present one, While there was some suggestion that a longer term might allow more continuity, most comment suggested that two years could deter members from standing. Members could stand again if they wished and be elected if the membership was satisfied, but to go from the beginning for two years might well be daunting. In a show of hands to test the feel- ing of the meeting on extending the term, most were against it. Members also discussed the repre- sentative functions of the Branch in relation to NZLS. Chris Corry said representative ac- tivities were self-funded but the office has regulatory functions as well. “I thought these were to be separated – there seems to be an overflow.” He mentioned legal aid lawyers speaking to the press recently because they felt they were not represented. “Should we be clear in differentiat- ing the representative and regulatory functions? Is the Branch compro- mised by its link to the NZLS?” Discussion followed on what some saw as lack of clarity in this area, on the role of Branch commit- tees in the new structure and on the possibility of the Branch advocating for members. Among the issues raised were: • The Wellington Branch has a more differentiated membership than most branches with many corporate lawyers in commerce and government, as well as law- yers in private practice, the Public Defender Service – how can the Society advocate for these differ- ing interests? • If the Branch cannot advocate for its members is it limited to colle- gial functions and pastoral care? • Should sector groups such as CLANZ and Property Law Sec- tion be the bodies to advocate? Mary Jeffcoat congratulated the Branch and noted that there was an understandable sense of self-doubt as it explored new functions. “But it is doing wonderful work so far in the areas of collegiality and the many seminars which can be read about in e-brief and Council Brief.” WELL known for his life- long service to the arts, Bill Sheat was made a Compan- ion of the New Zealand Or- der of Merit in the Queen’s Birthday honours list. There can be few branches of the arts that have not benefited from Bill’s energy, experience and knowledge over the past 60 years. His passion for the arts started early with high school drama, con- tinued at university and beyond when he acted in, wrote, directed and produced student productions; later he directed plays and operas, and was executive producer of sev- eral movies; and of course, he man- aged, inspired and developed numerous arts entities. From a quick scan of his CV, one cannot fail to be amazed at the enor- mous breadth of his work in the arts. That he managed to fit in a suc- cessful legal career as well is further proof of the man’s ability. In private practice in Lower Hutt from 1957 in the firm that bears his name, Gibson Sheat, he specialized in entertain- ment law, transport law and charita- ble trusts. Bill says he realised early on that people who had artistic talent would do better if they could work at it full- time. “I devoted 60 years trying to make that happen, by creating a climate where people with talent could work in the arts on a professional ba- sis.” In a different life he might have been a full- time arts administrator or even a film producer, with the proviso, of course, that many of the bodies he might have worked for in these ca- pacities may well not have existed without his efforts. In the mid-1960s, he was in at the beginning with the Arts Council and Downstage Theatre and chaired both for several years, he was founding chair of the NZ Film Com- mission and the NZ Film Festival Trust, was chair of the Royal NZ Ballet, the Embassy Theatre Trust, the Shakespeare Globe Centre NZ Trust – the list goes on and on. But he says it is smaller things that he values most, and gives the example of an award to artist Stanley Palmer made when Bill was chair of the Arts Council. “The award allowed him to paint full-time for a year but in the process enabled him to make the transition to full- time art. That was very rewarding.” There are many similar stories… “And, all the way along I’ve enjoyed myself as well!” Bill Sheat years from September 11 what have we learned?”. Sir Kenneth has had a distinguished career in the law. He was an academic (and colleague of Shirley Smith) at Victoria University for many years. He also served as director of the NZ Institute of International Affairs and president of the Law Commission before his ap- pointment to the bench of the Court of Appeal in 1996. Sir Kenneth was one of the inaugural appointments to the Supreme Court of New Zealand be- fore leaving in 2006 to take up his position as the first New Zealander ever to be elected to a permanent seat on the International Court of Justice. Sir Kenneth Keith to deliver 2011 Shirley Smith address ❑ See page 8 for a note on Bill Bevan’s honour Members discuss terms of office and the Branch representative role
Transcript of Council Brief - July 2011
THE Women-in-Law Committee isdelighted to announce that eminentjurist, Sir Kenneth Keith ONZ KBEQC, will deliver this year’s ShirleySmith address at Victoria Universityon 10 August.
Sir Kenneth will draw on his experi-ences as a judge at the InternationalCourt of Justice in the Hague to speakon ‘Human Rights and National Secu-rity in International Law and NationalLaw’. Sir Kenneth says: “The protec-tion of human rights and the demandsof national security are often seen asbeing at loggerheads. But are they?Might not some steps taken in the nameof national security themselves threatenthe traditional laws and political valuesof the nation? Nearly 100 years on fromthe assassination at Sarajevo and 10
The monthly newspaper of the
COUNCIL BRIEF Council Brief [email protected]
Reynolds Advertising
JULY 2011ISSUE 405
❑ President’s Column
Branch AGM hears of positive progress
• Committee reports 3
• Coming later to law 4
• Annual Dinner 5
In this issue:
New WellingtonBranch Council
NERISSA BARBER, the onlynominee, was declared elected asthe President of the New ZealandLaw Society Wellington Branch.
Three nominations were re-ceived for two Vice President posi-tions. The successful candidateswere Daryl Strachan and MarkWilton.
Thirteen nominations were re-ceived for 10 positions on theCouncil. The successful candidateswere Melanie Baker, Don Breaden,Amanda Courtney, Rachael Dewar,David Dunbar, Briar Gordon,Annette Gray, Aaron Martin, RuthNichols and Catherine Rodgers.
One nomination was receivedfor Wairarapa Representative andBelinda Inglis was declared elected.
One nomination was also re-ceived for Young Lawyers Repre-sentative and Emily McLachlanwas declared elected.
BRANCH Presi-dent Nerissa Bar-ber said the pastyear had beenbusy, with the de-velopment of theW e l l i n g t o nBranch of the NZLaw Society.
She noted that lawyers are fac-ing change in many areas of theprofession and that pastoral carewas a key function.
“We continue to support the pro-fession through chaplain, JuliaColeman, who provides services ona voluntary basis. We also have aFriends Panel, and a mentoring pro-gramme is planned … the Branchhas worked with both the PropertyLaw and Family Law Sections toconvene lunch time gatherings ofpractitioners.”
CommunicationsCommunicating with members
was pivotal, Ms Barber said, andshe noted the success of the weeklyelectronic newsletter, e-brief, andthe monthly publication Council
Brief. A Council sub-committee,convened by Dr Briar Gordon,liases with the Council Brief editor.“Work continues on our DigitalStrategy, with the aim of enhancingwebsite resources – Council Brief isnow available online.”
She noted a survey of members,led by Anne Molineux which shesaid was helpful in informingBranch planning.
Networking with the professionMs Barber said that key
stakeholder groups have been in-vited to meet with the Council.These have included Young Law-yers; Dr David Collins QC, Solici-tor-General, and members of theGovernment Legal Services Gov-ernance Group; Professor TonySmith and members of the VictoriaUniversity Law Faculty; repre-sentatives of CLANZ, the PropertyLaw and the Family Law Sections;Christine Grice, NZLS ExecutiveDirector, and senior members ofher team. “These discussions havebeen beneficial and I would like tothank them for their helpful com-ments and active engagement.
“I have been attending VictoriaUniversity Law Faculty’s regularmeetings, where possible. We havealso been liaising with the presidentof the Victoria University Law Stu-dents Association and with the Uni-versity’s careers service on otherways we can work together.”
EventsDiverse events have been held
through the Branch, among them:• a dinner to celebrate the appoint-
ment of Their Honours JusticesWhite and Ellis to the High Court
• an evening with the Judiciary forrecently admitted members ofour profession
• a dinner to honour colleagues inpractice for 50 years or more
• a summer inner city Fridaywalking group and a public lawinterest group lunch
• joint events, including a familylaw practitioners lunch (with theFamily Law Section), a propertylaw practitioners lunch (with theProperty Law Section), and aseminar on work-life balance(with CLANZ). The Branch’sWomen-in-Law committee hasco-hosted events with womenengineers (the Institution of Pro-fessional Engineers New Zea-land) and worked closely withthe Wellington Women LawyersAssociation.“Other events include the An-
nual Shirley Smith Address, whichcontinues to stimulate thought anddebate; and there have been numer-ous admissions ceremonies fol-lowed by functions welcoming newmembers to our profession.”
Ms Barber acknowledged thework of Branch committees, andthanked NZLS President JonathanTemm and Executive DirectorChristine Grice, for their support.
She also thanked Mary Jeffcoat,NZLS Vice President, and Welling-ton past presidents for their ongo-ing support of the Branch, and thecommitment and work of BranchManager, Colleen Singleton andadministrator Claudia Downey.
Queen’s Birthday honour
❑ The full version of NerissaBarber’s address to the AGM may
be read on my.lawsociety
AT the Branch AGM on 22 June mem-bers debated whether the terms of of-fice of president, vice presidents andCouncil members should be extendedto two years instead of the present one,
While there was some suggestionthat a longer term might allow morecontinuity, most comment suggestedthat two years could deter membersfrom standing. Members could standagain if they wished and be elected ifthe membership was satisfied, but togo from the beginning for two yearsmight well be daunting.
In a show of hands to test the feel-ing of the meeting on extending theterm, most were against it.
Members also discussed the repre-sentative functions of the Branch inrelation to NZLS.
Chris Corry said representative ac-tivities were self-funded but the officehas regulatory functions as well. “Ithought these were to be separated –there seems to be an overflow.”
He mentioned legal aid lawyersspeaking to the press recently becausethey felt they were not represented.
“Should we be clear in differentiat-ing the representative and regulatoryfunctions? Is the Branch compro-
mised by its link to the NZLS?”Discussion followed on what
some saw as lack of clarity in thisarea, on the role of Branch commit-tees in the new structure and on thepossibility of the Branch advocatingfor members.
Among the issues raised were:• The Wellington Branch has a
more differentiated membershipthan most branches with manycorporate lawyers in commerceand government, as well as law-yers in private practice, the PublicDefender Service – how can theSociety advocate for these differ-ing interests?
• If the Branch cannot advocate forits members is it limited to colle-gial functions and pastoral care?
• Should sector groups such asCLANZ and Property Law Sec-tion be the bodies to advocate?Mary Jeffcoat congratulated the
Branch and noted that there was anunderstandable sense of self-doubtas it explored new functions. “But itis doing wonderful work so far in theareas of collegiality and the manyseminars which can be read about ine-brief and Council Brief.”
WELL known for his life-long service to the arts, BillSheat was made a Compan-ion of the New Zealand Or-der of Merit in the Queen’sBirthday honours list.
There can be fewbranches of the arts thathave not benefited fromBill’s energy, experienceand knowledge over the past 60years. His passion for the arts startedearly with high school drama, con-tinued at university and beyondwhen he acted in, wrote, directed andproduced student productions;later he directed plays and operas,and was executive producer of sev-eral movies; and of course, he man-aged, inspired and developednumerous arts entities.
From a quick scan of his CV, onecannot fail to be amazed at the enor-mous breadth of his work in the arts.
That he managed to fit in a suc-cessful legal career as well is furtherproof of the man’s ability. In privatepractice in Lower Hutt from 1957 inthe firm that bears his name, GibsonSheat, he specialized in entertain-ment law, transport law and charita-ble trusts.
Bill says he realised early on thatpeople who had artistic talent woulddo better if they could work at it full-time. “I devoted 60 years tryingto make that happen, by creating a
climate where people withtalent could work in thearts on a professional ba-sis.”
In a different life hemight have been a full-time arts administrator oreven a film producer, withthe proviso, of course, thatmany of the bodies he
might have worked for in these ca-pacities may well not have existedwithout his efforts.
In the mid-1960s, he was in at thebeginning with the Arts Council andDownstage Theatre and chairedboth for several years, he wasfounding chair of the NZ Film Com-mission and the NZ Film FestivalTrust, was chair of the Royal NZBallet, the Embassy Theatre Trust,the Shakespeare Globe Centre NZTrust – the list goes on and on.
But he says it is smaller thingsthat he values most, and gives theexample of an award to artistStanley Palmer made when Bill waschair of the Arts Council. “Theaward allowed him to paint full-timefor a year but in the process enabledhim to make the transition to full-time art. That was very rewarding.”
There are many similar stories…“And, all the way along I’veenjoyed myself as well!”
Bill Sheat
years from September11 what have welearned?”.
Sir Kenneth hashad a distinguishedcareer in the law. Hewas an academic (and
colleague of Shirley Smith) at VictoriaUniversity for many years. He alsoserved as director of the NZ Instituteof International Affairs and presidentof the Law Commission before his ap-pointment to the bench of the Court ofAppeal in 1996. Sir Kenneth was oneof the inaugural appointments to theSupreme Court of New Zealand be-fore leaving in 2006 to take up hisposition as the first New Zealanderever to be elected to a permanent seaton the International Court of Justice.
Sir Kenneth Keith to deliver2011 Shirley Smith address
❑ See page 8 for a note on BillBevan’s honour
Members discuss terms of office andthe Branch representative role
Page 2 – COUNCIL BRIEF, JULY 2011
Wellington Branch Diary JulyMonday 4-Tuesday 5 JulyIntroduction to Family Law Advocacy and Practice, NZLS CLE Entry LevelProgramme. Kingsgate Hotel
Tuesday 5 JulyProbates and letters of Administration; NZ Institute of legal Executives Incinvites solicitors and legal executives to a seminar presented by RegistrarJohn Earles, Wellington High Court Jury Assembly Room, 5.30-7.30pm.
Wednesday 6 JulyThe Foundation and Termination of Executive Employmenty Relationships,NZLS CLE Seminar. NZICA Convention Centre, 1-5pm
Ethics for Litigators, Spectrum Theatre, 1-5pm
Special memorial sitting to mark the life of Dr George Barton QC,Old No 1 Courtroom, Supreme Court, 4.30pm
Thursday 7 JulyPublic Law Committee, Level 3, NZLS Building,26 Waring Taylor Street, 1-2pm
Wednesday 13 JulyWellington Branch Fundraiser for Christchurch,Dockside Restaurant, 5.30-7.30pm. More details at Branch
Friday 15 JulyPorirua Bar Dinner
Wednesday 20 JulyThe Unit Titles Act 2010, NZLS CLE Seminar.Wellington Convention Centre, 1-5pm
Thursday 21 July
Deadline for August issue of Council Brief
Friday 22 JulyWomen in Law Committee, 1pm, Level 3, Law Society Building
Thursday 28 JulyImmigration/Refugee Law Committee Open Forum on UNCROC issues,Level 3, NZLS Building, 26 Waring Taylor Street, 1.15pm
Effective Negotiation of pay and working terms for women, WIL & WWLAevent, Level 8, NZLS Building 26 Waring Taylkor Street, 1-2pm
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. Self-restrained, though consumed with anger (9)2. A symbol of personality (9)4. Love followed a certain course in N. Africa (4)5. Thin strips of paste (5)6. Eastern team the French made outcasts (6)7. Rush in three directions! (4)9. Thus America produced a composer (5)11. In France it appears friendships is wrong! (5)12. Size up the situation and invest in a company
(4,5)13. Stray moon about? Experts in it should know! (9)17 Cancel the fight (5)19. Make something known about meat for the prodi-
gal (6)22. Parrot gives a scotsman an awful start! (5)23. How to lose weight quickly (4)24. I take the fellows around for a look (4)
ACROSS3. Fell in love, but became discouraged (4,5)8. It’s sound on reflection (4)9. Is perhaps disposed to produce objects of
worth (9)10. On face value one child is a clergyman (6)11. Tessa returned with something useful (5)14. Experts get right in front – to win them? (5)15. The fools pop back on board (4)16. Secretaries erase private sign (5)18. Row about a custom (4)20. Obvious figures to a listener (5)21. Concerning a morning’s papers (5)24. Ruin a metal bird (6)25. Press fastener? (5,4)26. Refuse to add about a hundred (4)27. Not bubbly, but nevertheless a grape prod-
uct (5,4)
COUNCIL BRIEF CROSSWORD
Quick CluesDOWN1. Able (9)2. Disgusting (9)4. Eject (4)5. Backless seat (5)6. Creature (6)7. Tardy (4)9. Passage (5)11. Broil (5)12. Careless (9)13. Thrived (9)17. Tarnish (5)19. Rubber (6)22 Earth (5)23. Shape (4)24. Portent (4)
ACROSS3. Policeman (9)8. Kiln (4)9. Companion (9)10. Gain (6)11. Gather (5)14. Sum (5)15. Ogle (4)16. Goes out (5)18. Not one (4)20. Informs (5)21. Grumble surlily (5)24. Unmarried (6)25. Compel (9)26. At one time (4)27 Rash (9)
MADESIGNm
© Mark Gobbi 2011
Answers: See page 7
2 It is white’s turn to move. Whatshould white do?
1 Should a G or an M be placedin the empty square?
IN the next few months the LowerHutt, Porirua and Masterton branchlibraries will be getting new comput-ers and will move to the same branchlibrary set up as other such librariesthrough out the country.
Aviation lawAustlii has created a special sub-
ject library of New Zealand andAustralian aviation law. In additionto legislation, treaties and caselawon the topic there is also a databaseof aviation briefs from the AviationLaw Association of Australia andNew Zealand. There are also twodatabases of legal scholarship andwriting on aviation law – one forNew Zealand and one for Australia.Definitely worth a visit.
Austlii also has some newdatabases. While I am not sure howheavily used the caselaw of the Po-diatry Tribunal of New South Waleswill be, both it and the OsteopathyTribunal of NSW have their caselawfrom 2010 onwards on Austlii. Other
new databases include QueenslandJudicial Scholarship and two jour-nals of law and education.
Blogs are another useful internet-based source of current legal infor-mation. The UK Supreme Court iswatched closely by UKSC Blog athttp://ukscblog.com/, the IrishSupreme Court by Ex Temporehttp://www.extempore.ie/, the USSupreme Court by http://www.scotusblog.com/ and theSupreme Court of Canada by theCourt http://www.thecourt.ca/. TheHigh Court of Australia is coveredby a blog called the Lamp Post athttp://lamppostblog.blogspot.com/In addition, Don Mathias has a verygood blog watching appellate crimi-nal law developments called“Criminal Law Blog Developmentsin Leading Appellate Courts” – notthe shortest title ever – at http://www.nzcriminallaw.blogspot.com/A good read for all criminal law-yers.
New BooksA practical guide to overcoming psycho-logical blocks in negotiationAuckland : ADLS IncKN398.4.L1 AUC 2010
Brookers law directory 2011Wellington : Thomson ReutersK151.L1 BRO 2010
Buying and selling, partner remunerationand succession planning of a law firmAuckland : ADLS IncKL97.L1 AUC 2010
Construction law update – what you mustknow Auckland : ADLS IncKN83.L1 AUC 2011
Controlling and regulating drugs : a reviewof the Misuse of Drugs Act 1975Wellington : Law CommissionKM565.D7.L1 NEW 2011
Corporate insolvency updateAuckland : ADLS Inc KN312.L1 AUC2011
Cradle to grave: the interface betweenproperty and family lawAuckland : ADLS Inc KN58.2.L1 AUC2011
By Robin Anderson, Wellington Branch Librarian
❑ Library News
New Branch library computers
G G M
M G M M
M M
G G
G M
M M
LIBRARY
Delay and disruption in construction con-tracts London: Sweet & MaxwellKN83.8.A1 PIC 2010 4th ed
Derham on the law of set-offOxford : Oxford University Press 2010 4thed
Enduring powers of attorneyAuckland : ADLS Inc KN25.2.L1 AUC2011
Immigration Act 2009 update - part 2Auckland : ADLS Inc KM176.L1 AUC2010
Redfern and Hunter on international arbi-tration Oxford : Oxford University PressKN398 RED 2009 5th ed
Legal updates for residential landlords andowners Auckland : ADLS IncKN54.L1 AUC 2010
The law and practice relating to charitiesWest Sussex:: Bloomsbury ProfessionalKN215.A1 PIC 2010 4th ed
Unravelling the Criminal Procedure (Men-tally Impaired Persons) Act 2003Auckland : ADLS Inc KN155.2.L1 AUC2010
Immigrationand
Human RightsAn Open Forum hosted by the
Immigration/Refugee Law
Committee, to include a
focus on UNCROC issues
On Thursday 28 July at1.15pm, Wellington
Branch Office, Level 3,26 Waring Taylor Street
CVs available atWellington Branch
THE Wellington Branch NZLS holdsthe CVs of lawyers and people prepar-ing for admission who are looking foremployment. Contact the Branch to seewhether we can match up a candidatewith the skills you are looking for.
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 August 2011 issue is 2.00pm, Thursday July 21, 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
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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.
Will Notices page 7in this issue
COUNCIL BRIEF, JULY 2011 – Page 3
WELLINGTON BRANCH COMMITTEE REPORTS
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]
THE Employment Law Committee continues to hold well-attended meetingsevery two months, where we discuss a variety of topics. We have been fortunateagain in the past year to have been joined by guest speakers at almost everymeeting:• In August 2010, Dr Simon Ryder-Lewis from Work Health Solutions Ltd, an
occupational physician with 15 years experience dealing with stress and psy-chological overload, spoke about dealing with cases concerning workplacestress.
• In October 2010, Helen Kelly, the President of the NZ Council of TradeUnions, spoke about union concerns with changes being proposed to employ-ment legislation.
• In December 2010, an after-work drinks function was hosted by BuddleFindlay, where the Committee was joined by Chief Judge Colgan and JudgeFord of the Employment Court, and enjoyed hearing an address by the ChiefJudge (including his ‘awards’ for the past year).
• In April 2011, Anthea Connor from Oakley Moran spoke to the Committeeabout the “sleepover allowances” case (Idea Services Ltd v Dickson – nowappealed to the Supreme Court).The next Committee meeting is being scheduled as a breakfast meeting in July,
where we will be joined by the Minister of Labour, Kate Wilkinson.In May 2011, the Committee ran a seminar for practitioners on employment
mediation. Two Members of the profession, Paul McBride (Partner, McBrideDavenport James) and Greg Lloyd (General Counsel, EPMU) were guest speak-ers, together with useful tips from a Department of Labour mediator, PaulStowers.
There were a number of changes to employment-related legislation whichcame into force on 1 April 2011. Where appropriate, the Branch Committee feedssubmission ideas and issues through to the national NZLS Employment LawCommittee for consideration.
THE Immigration Refugee Law Sub Committee has had an eventful 12 monthssince the last Branch AGM.
We initiated a meeting with Chief District Court Judge Johnson regardingaccess to counsel for persons in immigration detention. The Committee ispleased to see the extension of legal aid to Warrant of Committal hearings as afirst step of improvement.
We have provided Branch input to the national NZLS Immigration andRefugee Law Committee on a wide range of issues including legal aid andrefugee and protection matters and a national MOU between NZLS and Immi-gration New Zealand to better acknowledge the role of lawyers.
Members participated in a panel discussion and shared dinner with outAuckland colleagues during the 2010 annual Immigration Law Conference
A sub-committee have continued to work on an international conferenceplanned to be held in conjunction with Victoria University of Wellington inApril 2012.
We recently held a well attended open forum with senior Immigration NewZealand management on a range of issues.
We are planning to hold a further forum with the Human Rights Commissionregarding UNCROC issues.
Pracitioners with an interest in immigration law are most welcome to attendour meetings. These are usually held on the third Thursday each month. See theBranch e-brief for details.
THE Public Law Committee takes aninterest in any issue coming under therubric of “public law”, including butnot limited to:• constitutional and administrative
law;• the role of the three branches of gov-
ernment; and• the interface between government
and citizens.Because of its Wellington base, the
Committee serves an important role inaddressing public law issues on behalfof the profession. The Committee has atradition of taking the initiative on mat-ters which it considers it can make animpact. Recent activities of the Com-mittee include:• releasing a discussion paper on the
Official Information Act and Parlia-ment;
• organising a seminar on “Demysti-fying the Public Finance Act 1989”;
• arranging for a series of informalget-togethers for public law practi-tioners to discuss issues or concernsthey face in the public/state sector;and
THE Young Lawyers’ Committee isa group of about 25 youngWellingtonians dedicated to providingthose lawyers within their first fiveyears of admission with networkingand socialising opportunities. We havea great events calendar which runsthroughout the year, and has a wideappeal, not only to lawyers, but otheryoung professionals as well.
This year we started out with theBuddle Findlay Meet the Grads DinnerCruise, held on a beautiful evening inMarch. A group of 70 new law grads setsail aboard the Sweet Georgia to getacquainted while plying themselveswith drink and tasty morsels. Before thecooler weather hit, a group of sportingyoung lawyers with the ability to multi-task headed down to the Victoria Bowl-ing Club for an evening of lawn bowlsand beers. This event was followed upwith our inaugural Wine and CheeseEvening, where 88 guests spent theevening in tables of 10 indulging in arange of fine wines matched with su-preme cheeses and other delicacies. Inthe interests of anonymity, no namesshall be mentioned, but it is a fact that40 young lawyers met to have a go at‘match making in six minute units’ atthe YLC Speed Dating event.
Upcoming events to look out for arean Italian cooking evening (on the backof last year’s success), the annualRussell McVeagh Quiz Night, our pre-mier event, the YLC Annual Ball com-ing up on 20 August (save the date!),and a rugby match against members ofthe Paris Bar to be played during theRugby World Cup (send expressions of
The Women in Law Committee and the Wellington Women LawyersAssociation are delighted to invite you to a forum to give you practical tips andstrategies to help you negotiate favourable employment terms.
This forum will look both at women already in work and women seeking torejoin the work force and negotiate appropriate terms, including flexibleworking terms. Too often women undersell themselves and theirachievements, waiting to be recognised for their work instead of proactivelyrequesting terms and conditions which recognise and reward them.
This seminar will be presented by Stephanie Dyhrberg of Dyhrberg DraytonEmployment Law, and Geoff Summers, from Strategic Pay.
Steph Dyhrberg has over 20 years legal experience and is recognised as ahighly effective senior employment advisor and advocate. Geoff Summers is avery experienced specialist human resources consultant with a particular focuson remuneration strategy and rewards. Both are fun and energetic speakerswith many stories and insights to share.
Thursday 28 July, 1-2pm, 8th floorNZ Law Society Building, 26 Waring Taylor Street
Please RSVP to Claudia Downey tel 04 472 8978 [email protected]
There is no cost to attend. However, we are expecting this seminar to be verypopular among our members, so do RSVP promptly as numbers are limited toonly 70 and it is first in first served!
Effective negotiation of pay andworking terms for women
THE NZLS Wellington Women in Lawcommittee has had a full diary over thepast 12 months under the energeticleadership of Kylie Panckhurst untilMarch 2011 and more recently RachelBurt. Our committee is an active onewhich meets monthly and we writeregular articles for Council Brief andorganise and promote events to ourmembers. We collaborate with othersimilar organisations including theWomen in Engineers group and theWellington Women Lawyers Associa-tion, often hosting events together.
In August last year the WIL com-mittee hosted the annual Work LifeBalance Event with Phillippa Reed,CEO of EEO speaking to a large groupof attendees. This was jointly hostedwith CLANZ.
In October, the WIL arranged aWomen on Boards Panel event, hostedat Simpson Grierson with four speakerstelling the audience about their experi-ences at the senior level of leadershipand the journey they had taken to getthere. The speakers were ShenaghGleisner (former CEO of Women’sAffairs), Belinda Clark (Chief Execu-tive of the Ministry of Justice and Sec-retary for Justice), Cathy Quinn (Chairof Minter Ellison) and Dr LesleyMcTurk Chief Executive of Housing.
Later that month members of thecommittee went along to Victoria Uni-versity and spoke to students giving in-terview tips and career insights.
In November, the WIL committeesupported a Women’s Right Eventswhere Rae Julian, president ofUNIFEM and former Human RightsCommissioner, and Kiri Hannifin, me-dia liaison for Women’s Refuge andlawyer who is heavily involved withdomestic violence in Wellington, spokeabout women’s rights and the impor-tant local work being done in the com-munity. This was a collaborative eventwith the Women in Engineering Group.
In December 2010, the annualShirley Smith Lecture was held withProfessor Nicola Lacey speaking on‘The Politics of Punishment’. Profes-sor Lacey discussed the impact ofpolitical systems on punishment levelsand used NZ as a comparative example.This event was generously sponsoredby the NZ Law Foundation andThorndon Chambers and over 150 peo-ple attended.
In March 2011, Kerry Prendergastspoke at a joint Women in Engineeringand WIL event, talking about her expe-riences from midwife to mayor and be-yond. This event raised $500 forWomen’s Refuge in Christchurch.
In April 2011, WIL and WWLAhosted a joint event, entitled ‘Lawyerson the Inside’ where senior womenlawyers in the government spoke abouttheir jobs and professional experiences.Speakers were Debra Angus, DeputyClerk of the House of Representatives,Rebecca Kitteridge, Secretary of theCabinet/Clerk of the Executive Coun-cil, and Catherine Rodgers, LegislativeCounsel and Legal Adviser to theRegulations Review Committee.
In July 2011 we have another jointevent with WWLA being held, called,Effective Negotiation of Pay andWorking Terms for Women, and in Au-gust we have Sir Ken Keith speakingabout international law at our annualShirley Smith address.
interest to [email protected]).None of the above would be possiblewithout our sponsors, and I would par-ticularly like to thank our long standingsponsor, Simply Legal, for their contin-ued support, and our new key sponsor,Medical Assurance Society, who wewelcome to the YLC team.
Later in the year, in conjunctionwith MAS, we will be holding a seriesof information evenings, coveringsome of the financial basics that younglawyers may find useful as they launchtheir careers. Details on this to come indue course.
But the YLC is not just about social-ising. As well as our social events, theYLC has also been proud to havebraved some horrendous Wellingtonweather to hit the streets for the RedCross Annual Appeal, this year sup-porting Christchurch in the aftermath ofthe February earthquakes.
Our other key role is to make surethe voices of young lawyers are heardby the NZ Law Society. Each month, Ihead along to the Wellington BranchCouncil meetings to provide an updateon what we’ve been doing, and an in-sight into young lawyers’ needs andwants. So if you have something to say,the YLC is your vehicle to get that mes-sage out there. Email us in confidenceat [email protected].
Finally, we are excited to havelaunched our new-look newsletter. Theautumn issue of YLC Advocate went outlast month, and looks fantastic. Check itout on our Facebook page and ourwebsite www.younglaywers.co.nz –sign up to our mailing list!
• arranging for a lunchtime seminarwith Emeritus Professor Ben Boerdiscussing “the Japanese WhalingCase in the International Court ofJustice: Problems and Prospects”.The Committee’s membership in-
cludes government lawyers and thosein private practice. This makes it agood forum for discussion and meetingfellow practitioners. Meetings are heldevery six weeks at lunchtimes. Themeeting dates for the rest of 2011 are:
– 1-2pm, Thursday, 7 July 2011 -level 3, NZLS Building, 26 WaringTaylor Street, Wellington
– 1-2pm, Thursday, 18 August 2011- level 3, NZLS Building, 26 WaringTaylor Street, Wellington
– 1-2pm, Thursday, 29 September2011 - level 3, NZLS Building, 26Waring Taylor Street, Wellington
– 1-2pm, Thursday, 10 November2011 - level 3, NZLS Building, 26Waring Taylor Street, Wellington
– 1-2pm, Thursday, 22 December2011 - level 3, NZLS Building, 26Waring Taylor Street, Wellington
Young Lawyers enjoy themselvesand also work with a purpose
By Emily McLachlan
Active year for Employment Law CommitteeBy Karen Radich
Hectic andvaried year forWomen in Law
By Rachel Burt
Public Law Committee tacklesimportant issues on behalf of profession
By Bridget Tyson
By Richard Small
Varied and lively year for Immigration Committee
Page 4 – COUNCIL BRIEF, JULY 2011
COMING LATER TO THE LAW
TAKING their “OE” as a kind of riteof passage is something that manyKiwis’ do, but for Paul Gillespie it waseven more significant.
He was struck down by a severeform of bone cancer at the age oftwenty, was in hospital for nearly twoyears, had several major operationsand chemotherapy, and was givenapproximately a five percent chance ofsurvival.
He says his illness came as a greatshock. He was a very fit and deter-mined young man, and the prognosisgiven by his doctors was a majorwake-up call. “I decided that I had tomake the most of my life before it wastoo late and set off to see the world.”
Now a litigation lawyer withJohnston Lawrence Limited, Paul hasrecently been given the very goodnews that he is well and cured. In themeantime, he has also seen about 50
countries, has hacked his way throughthe jungles of Central America insearch of Mayan ruins, seen much ofAsia, as well as parts of Africa. Mostrecently, he journeyed through theMiddle East visiting Greece, Turkey,Syria, Lebanon, Jordan, Israel andEgypt – a trip he describes as his “mostdifficult.”
Before he left on his worldwideodyssey at the age of 24 he had alreadycompleted a BA in history and anthro-pology and honours in anthropology,the latter conducted mostly from hishospital bed, using his observations ofthe medical staff around him as thesubject of a “participant-observer”study.
Paul worked in a number of jobs indifferent parts of the world, includingIreland where he had what he de-scribes as his “worst ever job”, whichinvolved walking behind a tractorpicking up rocks dislodged from oldstone walls, and of course the obliga-tory stint in a pub.
But it was Bruges, Belgium, thatPaul particularly enjoyed and where hespent most of his time. “I liked theFlemish people, and found them some-what similar to New Zealanders. Theyare reserved and they have to copewith gregarious nations on theirborders that tend to overshadow themon the international stage, as we do.”
He enjoyed the blended culture ofBelgium and what he calls the “Medi-terranean mentality:” the enjoyment ofdining, drinking great beer and makingchocolate.
The landscape around Bruges isvery cycle friendly, and Paul spent fiveyears involved with a cycle tourismbusiness that catered for up to 4000customers a year and had him ridingsome 50 kms a day. The tours coveredthe history of Flanders, particularly thetwo world wars, the countryside andvillages up towards Holland, and themedieval city of Bruges itself, some-times known as the “Venice of thenorth” because of its many canals.
“I also bought a ‘ruin’,” he says.This was a four-storey, narrow (fourmetres) house in a terrace of similardwellings close to the centre of the oldcity. “I spent four years renovating it:three and a half years too long! Weremoved two tonnes of trash on the dayI took possession but it was two yearsbefore it was habitable.”
In the cold Belgian winters whencycle tourism was less attractive, hewould choose parts of the world newto him and travel for three orfour months: which explains the 50countries!
RAINEY COLLINS lawyer AndrewGreig came later than most to practis-ing law. When he was young the onething he really wanted to do was to fly;he certainly had no thought then ofbeing a lawyer.
He clocked up some flying hours atthe Marlborough aero club while still atschool, and joined the Royal New Zea-land Air Force as a pilot as soon as hecould in 1990. He was already study-ing for a BSc at Canterbury, which hecompleted during his training.
He trained first at Wigram, thenwent to Ohakea to fly Strikemasters,then to Auckland where he flewAndover transport aircraft and Orionmaritime reconnaissance planes. He
lar age leaving the air force to becomeairline pilots. This crystallized hisview that he did not want to do that andlaw looked like an interesting changeof direction.
“I am also married with a youngfamily and some aspects of air forcelife are not particularly conducive tofamily life so I was looking for a littlemore stability, as well as a change anda fresh challenge, and I have found allthat in law.”
He was admitted in July 2008 andjoined Rainey Collins in August lastyear. He is part of the litigation teamand his practice includes employmentlaw, debt recovery, civil litigation andhe has been involved with Treaty set-tlement negotiations with Ngati Porou.
Challenge it may be, but thestresses of working in Stout andFeatherston Streets are of a differentorder to some of Andrew’s experi-ences while in the air force. In 1993 hewas in Mogadishu, Somalia, flying in
It was undoubtedly an exciting life,but around the time he turned 30 hebegan taking stock. “I noticed that somepeople travel so much that they becomerather dysfunctional and find commit-ment of any kind to be difficult.”
Returning to New Zealand, hetalked with family and others about hisfuture. “I was attracted to medicine,perhaps because I had spent so muchtime with medical people but I wastalked out of that. I also thought ofdoing a PhD in anthropology [he waslooking towards a participant-observa-tion study in Beirut!], but I thought Iwould be too specialised, so eventuallyI decided to go to Law School.”
With typical determination, hestarted his LLB in 2006, studying themaximum number of papers allowedand attending summer school so thathe finished exactly three years later.While studying he worked part-time atCrown Law for a year and with abarrister for three years doing mainlyimmigration law. He joined JohnstonLawrence Limited in July 2010 and is
part of the litigation team. Paul does arange of work, including employment,family and some immigration law, andhas also been involved in former psy-chiatric patients’ claims against theCrown, as well as general and com-mercial litigation.
“At this stage of my career I enjoythe variety of work and learning from anumber of senior practitioners. I amreally enjoying being part of a generallaw firm, within the litigation anddispute resolution team.
“Johnston Lawrence is a good fitfor me. There are 15 lawyers withdifferent backgrounds with whom todiscuss issues. The firm provides asupportive environment and encour-ages further training, CLE courses andthe like.
“I am also pleased that I came tolaw later than most people. It seems tome that the maturity you get fromdoing other things first is very useful. Ithink that law should probably be apostgraduate study, as it is in theUSA.”
became a flying instructor, eventuallybecoming a trainer of other flyinginstructors, and fulfilled a long-heldambition – to be part of the RNZAFRed Checkers aerobatics team for aseason, which he says was “…excitingand a huge amount of fun, something Iwould love to do again.”
Posted to a desk job at Air Staff,then in Stout Street, Wellington in2003, he worked in human resourcesand marketing for the air force. He alsofound himself next door to the lawschool, decided that the opportunitywas too good to miss and began study-ing law “for fun”. There may havebeen a mid-life reckoning going on aswell, as he watched colleagues of simi-
support of US marines in what hasbecome known as the Battle ofMogadishu. Although he was notthere at the height of the debacle whichled to the “Blackhawk Down” incidentlater immortalized in movies andbooks, he says it was a scary andchaotic time.
Even more frightening, a few yearslater, Andrew was a United Nationsobserver in the middle of the massiveIsraeli bombardment of south Lebanonduring the Israel/Hezbollah war of2006. His wife and two children, thenaged four and six, were with him whena building next to their apartment wasbombed and demolished. Rubble fromthe explosion smashed into the chil-dren’s bedroom, though fortunatelythey were not in there.
“We were all terrified, we reallythought we were going to die,” he says.His family was soon evacuated, butAndrew and his colleagues remainedand things rapidly got worse. “Wewere on our way to another UN obser-vation post where we were supposed tobe working, and duringbombardment we shel-tered in another com-pound. While we werethere the observation posttook a direct hit from alaser-guided bomb, andfour UN observers werekilled. We were reallylucky… it would havebeen us had we got there.”
The next day Andrewand his colleagues
recovered the bodies from the post andAndrew went across the Blue Lineescorted by the Israelis and took thebodies by helicopter to Tel Aviv, giv-ing him a week’s respite from the bom-bardment before returning for the restof the 30 or so days of the war.
His UN assignment lasted for 12months all together, fortunately mostlynot as terrifying as this. He also spentseveral months in north Israel in theGolan Heights observing the Syrianborder, a much more peaceful sojournin comparison to South Lebanon.
Back to Featherston Street, wherelife and work does indeed seembenign! Andrew says it has been achallenge to start a new career in hisearly forties. “It has been a steep learn-ing curve but I am enjoying it – it helpsto keep me young.”
Andrew also appreciates workingat Rainey Collins. “The partners andall the staff are very professional andsupportive of my career change whileproviding excellent guidance as I prac-tise law,” he says.
Radical life changes on the way to law
After flying high, a challenge of a different kind
Buildings in the old city of Bruges.‘Cycle-friendly landscape’ – PaulGillespie near Bruges.
One of the many canals in Bruges.
Andrew Greig with son Oliver thenaged four, at Tyre, South Lebanon.
Andrew in burnt accommodation room at Patrol Base Khiam,South Lebanon, the day after it was bombed. On the Golan heights on the Israel-Syria border.
COUNCIL BRIEF, JULY 2011 – Page 5
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all from John Miller Law.
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Jeremy Valentine, Mary Ollivier, Kenneth Johnston, Chris Tennet andCathy Rogers.
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Chris La Hatte, Russell Buchanan, Geoff O’Sullivan and Nikkii Flint.
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By Professor Tony Smith,Dean of Victoria University’s Law School
Page 6 – COUNCIL BRIEF, JULY 2011
Bodle, Gareth McLeod Darroch LaHatte, Christopher James Llewell, Donna Marie
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 16 July 2011. If nocomments have been received by thatdate, the applications will be referredto Council for consideration.
24 June 2011
The 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 make
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.
Candidates 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.
Armstrong, Nadine ZoeArya, Devi SwastikanjaliAshworth, Laura ElizabethBalasingam, Rachael ArleneBarnett née Watts, Rachel KimBarrington, Luke Christopher AnthonyBooth, Matthew KevinCameron, Sarah LouiseCarter, Guy Joshua CarlileChiew, Jessica Mena YeongCouling, Christina MariuDavidson, Helen JaneDeans, Catherine Elizabeth JaneDesourdy-Hastings, Sarah Emily WhenuaruaDobson, Susanna ClaireFitzgerald, Joseph MalachyFitzpatrick, Sonia ClaireGall, Kelly-Ann MareeGendall, David Hopkirk
Gilbert, James BarnardGiles, Stephen EdwardGreen, Fiona MareeGreen, Michael JamesGreig, Edward MurrayGrigor, Peter AndrewHarker, Christopher MatthewHealy, Daniel RobertHealy, John MichaelHislop, Claire TeresaJenkins, Matthew SpencerKyle, Emma JoyLala, Jemma Sian CarolLanglands, Emma JaneLaw, Connie May ShenLloyd, Benjamin PeterLogan, Nicholas Edward HarringtonLowe, Rita JoanMcGeown, Jeremy Patrick
McGettigan, Joshua DamianMarren, Jennifer KayMihailoff, Alexa BreeMoinfar, YasminMorriss, Erin LianaMosley, CarlaOsborne, Jonathan BlairPattiaratchi, Kavinda RuvinPedler, Hadleigh St JohnPentecost, Cameron FaulknerPirini, Mihiata RoseRowe, Anna BrooksSims née Dempster, Helen LisaSmith, Braeden JamesValente, Dena JazminVaughan, Charles JulianWalker, Nathaniel LewisWatson, Sarah JeanWoodhouse, Ashleigh Anita
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THE miseries ofC h r i s t c h u r c hcontinue toplague our rela-tives, friends andcolleagues inthat increasinglystricken city. Iconfess that be-fore September
last year, I had never heard of theliquefaction phenomenon, and wasunaware that aftershocks could con-tinue for such a long duration afterthe original event. It is a horriblewarning to the rest of the country.
Effects on universitiesAs it is, universities nationally
are quite likely to be affected bywhat has happened. It would notsurprise at all if students opted notto enrol or re-enrol at Canterburynext year. When the first earth-quake occurred, a number of stu-dents asked if they could transfer toother institutions, including Victo-ria. In an era when our numbers aretightly controlled by the Govern-ment, we had very little room formanoeuvre. But we did make spacefor a small number, on the strictunderstanding that they were stillenrolled for Canterbury degreesand would return south to studythere when circumstances permit-ted.
Now, Canterbury University au-thorities are predicting that theirnumbers are likely to be signifi-cantly decreased next year whenschool leavers decide where tostudy, but there has been no indica-tion that the other universities willbe permitted to exceed their agreednumbers targets. In normal times,universities are threatened withpenalties if they exceed their tar-gets, but these are not “normal”
times. The situation may not callfor desperate measures, but it doescall for some sympathetic under-standing on the part of the educa-tional establishment for the plightof those affected.
Flag burning and dissentIt is probably safe to say that it is
not often that the premises of one ofNew Zealand’s Law Schools be-come the locus in quo of one ourcountry’s leading cases. I haveheard a story – which I am quiteunable to substantiate, but will re-late without comment nevertheless– that in R v Macmillan (1966), theprincipal case on the defence of in-sanity under the law reformed bythe Crimes Act 1961, the defendanthad apparently decided that theLaw Library at Auckland LawSchool was the place in which totranslate into action his schizo-phrenic delusions that he was undersome divine instruction to robbanks and which ultimately lead tohis appearance before the courts.
Valerie Morse chose the groundsof the Old Government Buildings,which houses the Victoria Univer-sity Faculty of Law, as the place inwhich to burn the New Zealand flagat an ANZAC day Dawn Paradebeing held at the Cenotaph, whichis situated directly opposite theLaw Faculty. As the flag wasburned, she and her like-minded al-lies drew the attention of those whohad come to remember and mournby blowing horns. As someone whohas a long-standing interest in theproblems of public order law andpolicing, I should like to offer somecomment.
It can be argued that the unani-mous decision of the Supreme Courtto quash the conviction of the flagburners for disorderly conduct
marks a significant development inthe willingness of New Zealandersto tolerate dissenting speech and be-haviour. Some have gone further,and interpreted the decision as sig-nifying that the courts have declaredopen season on the flag – if this actwas not criminal, so they would say,it is difficult to conceive of circum-stances in which the desecration ofthe flag would ever attract the ad-verse operation of the criminal sanc-tion. I would argue that it is notpermissible to extrapolate in quiteso comprehensive a fashion.
The problem, which is an oldone, is, in a nutshell, this: Howshould the law respond when agroup congregating lawfully inpublic (generally to manifest a col-lective desire to celebrate, remem-ber or protest) are confronted byspoiling opponents? Over the years,the common law has not reallymanaged to give a very satisfactoryanswer (or set of answers) to helpsolve the complex problems whichthis situation poses for those whosetask is the preservation of order(and, frequently, public safety).Complications arise where thegroup decides to exercise its free-dom of expression by marchingthrough areas where they knowtheir presence to be deeply unwel-come. Oswald Mosley’s marchesthrough the East End of London be-fore the Second World War were anexample of this, and the Public Or-der Act 1936 was the result, givingthe Home Secretary the power toban marches altogether where pub-lic disorder was the probable out-come of a march.
The freedom to protest peace-fully is a precious one. It is what,amongst other things, the ANZACswere fighting for nearly a century
ago. As the Arab spring demon-strates (if somewhat sporadicallyand uncertainly) vigorous protestcan bring about rapid political andsocial change, although often atconsiderable cost in human life.
A modern democracy must tol-erate dissent as a matter of routine.But it is a different matter if peoplebehave in a way that is calculated tomove others to understandable an-ger and possible violence, and myunderstanding is that that is thethrust of the decision of the Su-preme Court. Had Valerie Morsebeen rather closer to those whoseceremony she sought to disrupt, it isnot impossible that those who wereinsulted might have been moved tounderstandable anger, sufficientlyto offer violence. At that stage, the
Professor Tony Smith
Christchurch’s miseries continue; toleration of dissent
VUW LAW FACULTY
police would be obliged to inter-vene, and my reading of the Morsedecision is that it is those who haveprovoked the violence who shouldbe proceeded against in the first in-stance.
Dr George Barton QCLast month, there was a tribute in
the pages of Council Brief to one ofmy predecessors as Dean, Dr GeorgeBarton QC, who died suddenly inmid May. His wit, wisdom and sagecounsel will be sorely missed. Hewas an exemplar of the fearlessly in-dependent advocate, in the course ofhis career acting for a number of un-popular causes. His support of theLaw Faculty long after he had ceasedto have a formal link with it wasmuch appreciated. It was a privilegeto have known him.
ALLISTER Davis, the president of theCanterbury-Westland Branch NZLS,spoke at the Wellington Bar dinner aboutliving with the Christchurch earthquakes.
He spoke movingly of personal loss,damage to buildings and the difficultiesof working in the city, post quake.
“No access to files or offices…forthose of us who were lucky enough to geta window of opportunity to get in we had30 minutes from entry into the building
until we had to leave. We were each ac-companied by a USAR member.
“…the only way I could describe itwould be if you were to go back to youroffices, push all your furniture over,throw your files into the air, smash glassand throw that around, set the sprinklersoff, leave and then return at midnightarmed only with a back pack and torch,knowing you had 30 minutes and couldtake only one trip in and out to get the
most important files plus yourcomputer…it’s not that easy!
“181 people dead, thousands of homeswrecked, 7163 aftershocks since Septem-ber, businesses ruined, Red Zone still inplace, incredible damage to infrastruc-ture, families displaced, heartbreak eve-rywhere, a city where normal will neverbe normal again…we are certainlybruised and battered but we are notbroken!”
Canterbury-Westland president on the Christchurch earthquake
COMMUNITY LAW CENTRE
COUNCIL BRIEF, JULY 2011 – Page 7
THE WIZARD OF ID
ALL of New Zealand’s 26 Com-munity Law Centres are proud toannounce that they have recentlyvoted on the formation of a newnational body: Community LawCentres of Aotearoa (CLCA).Community Law Centres have formany years worked together, butthe incorporation of a nationalbody gives law centres a strongercollective capability to securefunding and to carry out and facili-tate work for the benefit of allCLCs and the wider community.
A funded national body hasbeen on the agenda for CommunityLaw Centres for many years. For along time we have wanted a na-tional body that can liaise with gov-ernment and other major partners,as well as enabling CLCs to workcollaboratively to build a strongerand more effective community le-gal sector. The recent funding cri-ses for CLCs have only made theneed for a peak body more apparent– our ability to negotiate effec-tively with government has beencrucial to our very survival.
This is a major announcementand is the culmination of manymonths of hard work by Commu-nity Law Centres.
CLCA was established on 3 June2011, in Bell Gully’s WellingtonOffices. Elected to the first CLCAboard are the Right Honourable SirEdward Taihakurei Durie, JennyHughey, Robyn Rauna, JenniferBraithwaite, John Chadwick,Cameron Madgwick and JohnWorden. This authoritative boardwill provide a strong national voicefor Community Law Centresaround New Zealand.
CLCA has secured seed fundingfrom the Legal Services Agency fortwo years, allowing it to establishitself properly and begin to formpartnerships with a wide range ofstakeholders, including possiblefunders, public and private serviceproviders and community organisa-tions.
The objects of CLCA are to:• represent the interests of mem-
ber CLCs• provide information, network-
ing, advocacy, communication,
support and liaison services tomembers
• assist co-ordination betweenmember CLCs
• facilitate and support membersto maintain high quality services
• seek resources for members• represent members as a collec-
tive to negotiate funding ar-rangements with the government
• affirm and adhere to the princi-ples of the Treaty of Waitangi/Te Tiriti o Waitangi.This announcement comes just
as the Legal Services Agency isdisestablished and being absorbedinto the Ministry of Justice.Cameron Madgwick, CLCA boardChair, says, “This is a challengingtime to be working in the voluntarysector. Having such a national bodywill allow CLCs to focus more in-tensely on providing free legal serv-ices to their local communities”.CLCA is founded on the premisethat, working together through thisnew structure, CLCs will be able toleverage more support and have agreater influence throughout all lev-els of the community.
Madgwick also acknowledgedseveral people, without whomCLCA might never have eventu-ated: “Thanks to Sir John Hansenand Stuart White of the Legal Serv-ices Agency for all their supportsetting up Community Law Centreso Aotearoa, and to Bell Gully, fortheir 600 hours of pro bono work.Their assistance has been invalu-able”.
Biographies of CLCA BoardJennifer Braithwaite (Youthlaw)
is Chair of YouthLaw TinoRangatiratanga Taitamariki (a CLCfor children and young people
throughout Aotearoa). Jennifer hasmore than 10 years’ legal experi-ence both in New Zealand andoverseas in a range of areas includ-ing general litigation, child protec-tion, public law, Treaty of Waitangiclaims and governance of Maorientities.
John Te Manihera Chadwick(Rotorua CLC) has 40 years’ expe-rience as a lawyer in tribunals,criminal, civil and family, up toCourt of Appeal level, both privateand on legal aid. He has been aprincipal and founding partner inseveral law firms in Rotorua and isabout to commence practice as aBarrister sole.
Jenny Hughey has spent over 30years working towards social jus-tice, including in the unions, theHuman Rights Commission, inprison advocacy and in communityorganisations. She is currentlyChair of mediation services at a freecommunity mediation provider.
Currently practising in-house,Cameron Madgwick (WellingtonCLC) has previously practised in alarge national law firm and in sev-eral jurisdictions. Cameron has vol-unteered at the WellingtonCommunity Law Centre for morethan 15 years and is currently itsChair. Prior to his election to theCLCA board, he led the re-negotia-tion of the funding contract forCLCs.
Robyn Rauna operates her ownconsultancy business. Robyn re-cently finished her role as managerof Tairawhiti CLC, and prior to
WELLINGTON Community Law Centre celebrated its 30th birthday lastmonth with a fun filled evening at the Boatshed.
Founded by a group of passionate Victoria University Law students in1981, the Law Centre has grown from a purely volunteer-based organisa-tion to employing 10 staff, while still being supported by more than 250invaluable volunteers.
This party was a chance to celebrate the commitment of so manylawyers and law students over the years and to improving access to justicefor disadvantaged people all over Wellington. We were fortunate enoughto have many of the original members present on the night and a goodtime was had by all.
Special thanks for supporting this event goes to Bell Gully, RussellMcVeagh, Minter Ellison Rudd Watts and Contact Energy for theircontribution to the bar supplies. Thanks as well to all the volunteers whohelped out on the night. Watch this space for our 40th birthday!
Geoffrey Roberts, General Manager, Wellington Community Law Centre
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Please contact the solicitorsconcerned if you are holding a will
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WILLENQUIRIES
MURDOCH, Irene Christine
Formerly of Waikanae. Retired.
Died at Wellington on 15 May 2011.
Breaden McCardle Chubb (J McCardle)
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Disciplinary Tribunal fees rise
Community Law Centres of Aotearoa (CLCA)
managing, Robyn chaired its boardfor eight years. Her previous rolesinclude Housing New Zealand’sRural Housing Manager for theEast Coast/Eastern Bay of Plentyregion and working on variousprojects at Te Puni Kokiri. She iscurrently a board member ofTairawhiti District Health Boardand a Trustee for Eastern & CentralCommunity Trust. Robyn is alsoinvolved in a range of Iwi andmarae activities.
Sir Edward Taihakurei Durie,KNZM, was Chief Judge of theMaori Land Court from 1980-98,Chair of the Waitangi Tribunal from1980-2004 and a Law Commis-sioner. Sir Eddie was appointed tothe High Court in 1998 and retiredin 2004, at which point he was thelongest-serving member of the NewZealand judiciary. Sir Eddie wasmade a Knight Companion of theNew Zealand Order of Merit in2009.
John Worden (Hawkes BayCLC) has extensive managementexperience, through 36 years serv-ice with the RNZAF, his last posi-tion being Deputy Chief of AirForce. Recently he has been amember of the management team atthe Legal Services Agency (LSA),with responsibility for fundingCLCs and contracting with legalaid lawyers. He then completedthree significant organisationalchange projects, two for the LSAand one for the NZ Defence Force.
MADESIGNm
Answers for puzzles from page 2
1 M. Dividing the 16 squares intoquadrants revels that thecomplete quadrants have anascending number of Ms (1, 2,and 3). The incomplete quad-rant requires an M to continuethe sequence. G G M M M G M M M M G G G M M M
2 1 Nf8#
Crossword SolutionsFrom page 2
Across: 3 Lost heart; 8 Echo; 9 Sapphires; 10Parson; 11 Asset; 14 Races; 15 Saps; 16 Aries; 18Tier; 20 Clear; 21 Reams; 24 Martin; 25 Paper clip;
26 Scum; 27 Still wine.
Down: 1 Temperate; 2 Character; 4 Oran; 5 Tapes; 6Exiles; 7 Reed; 9 Sousa; 11 Amiss; 12 Take stock; 13Astronomy; 17 Scrap; 19 Reveal; 22 Macaw; 23Fast; 24 Mien.
Cryptic Solutions
Quick SolutionsAcross: 3 Constable; 8 Oven; 9 Associate; 10 Profit;11 Glean; 14 Total; 15 Leer; 16 Exits; 18 None; 20Tells; 21 Growl; 24 Single; 25 Constrain; 26 Once;27 Imprudent.
Down: 1 Competent; 2 Revolting; 4 Oust; 5 Stool;6 Animal; 7 Late; 9 Aisle; 11 Grill; 12 Negligent; 13Prospered; 17 Stain; 19 Eraser; 22 World; 23 Form;24 Sign.
Law Centre celebrates 30th birthday
Lindis Capp, David Clendon, Celia Wade-Brown and Geoffrey Roberts atthe Wellington Community Law Centre celebration – more pictures page 8.
Page 8 – COUNCIL BRIEF, JULY 2011
SITUATIONS VACANT
General Counsel / Manager Legal ServicesThe Plumbers Gasfitters & Drainlayers Board is a statutory entity that needs an experienced public lawyer to lead it through a new legislative and policy environment.
This is a unique opportunity to practise at the cutting edge of public law by leading an in-house team of lawyers and industry specialists in designing and delivering legislative and regulatory amendments, creating a new policy environment and in supervising the Board’s statutory functions.
This new role will involve:
guiding the development of new policies and guidelines for the exercise of statutory and regulatory powers by the Board and its officers;
contributing to consultation exercises on new regulatory instruments;
supervising the prosecution of disciplinary proceedings before the Board and of summary offences in the District Court;
guiding the Board through its decision-making processes;
managing the Board’s complaints processes;
acting as general counsel.
Ideally, the successful applicant will:
be committed to redeveloping the delivery of the Board’s functions in a self-contained legislative regime;
have at least five years’ post admission legal experience and a current practising certificate;
have a strong reputation in advising Government, statutory and other public sector entities on statutory obligations and decision-making processes;
be able to lead a team of lawyers and to work alongside industry specialists;
be proactive, pragmatic, strategic, efficient and results-focussed.
The Board offers a dynamic and supportive working environment and a competitive salary.
Enquiries should be directed to Tereska Thornton: [email protected] or by calling 04 495 2619.
We are seeking a lawyer with 2+ years of experience in conveyancing,
trusts and commercial property, to become part of our well established
practice in Wellington City. Good interpersonal skills and sound
professional knowledge are essential prerequisites for this busy
position.
The successful applicant will have effective communication and client
management skills plus the ability to establish and develop relationships
with existing and prospective clients.
Written applications together with curriculum vitae should be
forwarded to:
The Staff Partner
Tripe Matthews & Feist
PO Box 5003
Wellington 6145
or
Email: [email protected] or [email protected]
Lawyer Required
Leading-edge LitigatorsMinter Ellison Rudd Watts is a full service law firm with 43 partners and offices in Auckland and Wellington. We are part of the global Minter Ellison Legal Group, which has more than 290 partners and 900 legal staff across Australia, Asia and the UK.
Our highly regarded Disputes Resolution practice in Wellington is expanding rapidly and we are looking for additional experienced litigators to join the team. We welcome applications from lawyers with at least 6-7+ years disputes resolution experience in a commercial law firm. A commercial approach, strong academics and technical skills, excellent communication techniques and the ability to develop great relationships with our clients will ensure success in our team.
Joining this busy practice, you will be part of a positive and enthusiastic team, lead by two experienced and approachable partners – Paul Radich and Stacey Shortall. Challenging work will be available immediately, and you will be responsible for an interesting mix of cases for a wide variety of clients.
If you have any questions or would like to forward your CV please contact Ngaire Titov-Smith, (04) 498 5082 or email [email protected] by Friday 15 July 2011.
All applications will be treated with complete confidence.
10th Floor, State Insurance Tower, 1 Willis St, Wellington
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Contact Andrew Hyett
Ph: 04 473 3001
M: 027 4733 077
Offices in Wellington, Auckland and Hamilton
BILL Bevan wasawarded with theQueen’s Servicemedal for commu-nity service in theQueen’s BirthdayHonours list.
Bill worked for 15 year at theWhitireia Community Law Centreand is now in private practice, atpresent as Kapi Mana Law butsoon to be Gault Bevan Law.
Bill began teaching law atWhitireia Polytechnic when hewas studying and continued forsome years. He was admitted in1992 did some practice whileteaching until joining the commu-nity law centre in 1995.
Bill Bevan
Bill Bevan award
Jacqui Latimer, Louise Peters, Margaret Powell, Brent Williams and Gail Surgeoner.
Benjamin Paradza, Louis Leung and Kiran Paima. Aidan Kennerley, Georgina Rood and Dina Wahid.
Dana Maniapoto-Moala, Ken LeiataualesaAh Khoi, Georgina Whata and Emily Maea.
Kate Yesberg and Clare Tattersall.
Law Centrepictures –see page 7
Lawyer’s office plussmaller room or storage
area for Deeds etc.
Some typing andreception required.
OFFICE WANTED CBD
Replies to:Confidential Advertiser 621PO Box 494 WELLINGTON
Will Notices page 7
in this issue
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