Four-legged friends who don’t pay legal fees ADLSI...

www.adls.org.nzISSUE 9 2 APRIL 2015

Continued on page 2

LAWNEWS

THIS ISSUE:

Four-legged friends who don’t pay legal feesCartel damages – questions of causation

ADLSI recalls a long history – new book uncovers gems of the past

+ Animal welfare law

A CALL TO ACTION TO THE LEGAL PROFESSION

In years gone by, being associated with “animal welfare” may have seen you pigeon-holed (excuse the pun!) as an extremist, or given some other dismissive label.

However, animal law reform has been slowly moving into the mainstream and is now on the agenda not only of politicians, but also of top QCs, barristers and law firm partners who lend their considerable advocacy skills to addressing inconsistencies and injustices in the way animals are treated, through to more junior lawyers who want to make a difference in whatever way they can.

Showing that it is never too late to change, the Hon Michael Kirby AC CMG (former Judge of the High Court of Australia) had what has been described as “a late-life epiphany” in his 70s about the need for reform in the area of animal law. He observed, “There is nothing so powerful in the world as an idea whose time has come, and animal protection is just such an idea” (Sydney Morning Herald online, 17 December 2011).

Closer to home, Law News recently had the opportunity to attend an evening hosted by AWLA at which current issues in animal welfare

A dazzling array of past Presidents turned up at the launch evening of Graham Wear’s new book It Was All Legal: The Auckland District Law Society and its members 1879-2009. Pictured here are (from left to right) Brian Keene QC (current ADLSI President), the Hon Dame Judith Potter, Stephen Bryers, Robert Eades, the Hon Justice Raynor Asher, Gary Gotlieb, Christopher Darlow, Colin Pidgeon QC, Andrew Gilchrist, Keith Berman, Frank Godinet, Bryan Mahon, Ian Haynes and Sir Bruce Slane.

For more on this event and to get a glimpse of some of the fascinating stories that form part of this special book, please turn to pages 4 and 5.

ISSUE 9, 2 APRIL 2015

and law reform were discussed. As AWLA President Angela Stafford noted, “This is quite a different event for us.” However, strong links between animal cruelty and domestic violence make the question of animal welfare important beyond its own sphere, and the speakers themselves, with their combined passion for animals and the law, were also “a great illustration” of AWLA’s 2015 theme of “seizing your agenda”.

The event was chaired by Karen Sherry of Bell-Booth Sherry, who encouraged the audience to consider how they as lawyers could contribute to animal welfare law reform in New Zealand. Also speaking at the event were Green Party MP Mojo Mathers, Gillian Coumbe QC, Anita Killeen (Barrister and Chair of the SPCA’s Pro Bono Panel of Prosecutors), Kylie Cooper (Crown Law), Jennifer Mills (Partner, Anthony Harper) and Lucy Leadbetter (New Zealand Animal Law Association).

The politician

The inspirational Mojo Mathers MP opened the discussion by speaking about her work towards phasing out factory farming and animal testing. Assuming responsibility for the animal welfare portfolio for the Green Party in 2011 seems a natural step for someone who has had a life-long affinity with animals. Ms Mathers says that her deafness gave her a real intuition for non-verbal communication, and led to her being called on to help distressed animals and deliver baby goats on the farm at an early age.

Ms Mathers has also brought her scientific background to bear on her current role, and this, as well as her extensive reading on animal testing, has convinced her that many current and proposed methods of testing new products on animals are not the only, nor the best, means to the ends, and that there are plenty of alternative approaches which may not have received proper consideration.

However, she confesses to having had a “steep learning curve” in understanding how laws are made and changed and how the select committee process works – a process with which she has

+ Law reform, penalties

A CALL TO ACTION TO THE LEGAL PROFESSION

Continued from page 1

Editor: Lisa Clark

Publisher: Auckland District Law Society Inc.

Editorial and contributor enquiries: Lisa Clark, phone (09) 303 5270 or email [email protected]

Advertising enquiries: Chris Merlini, phone 021 371 302 or email [email protected]

All mail for the editorial department to: Auckland District Law Society Inc., Level 4, Chancery Chambers, 2 Chancery Street, Auckland 1010. PO Box 58, Shortland Street, DX CP24001, Auckland 1140. www.adls.org.nz

Law News is published weekly (with the exception of a small period over the Christmas holiday break) and is available free of charge to members of ADLSI, and

available by subscription to non-members for $130 plus GST per year. If you wish to subscribe please email [email protected]

©COPYRIGHT. Material from this newsletter must not be reproduced in whole or part without permission. Law News is published by Auckland District Law Society Inc., 2 Chancery Street, Auckland.

LAW NEWS is an official publication of Auckland District Law Society Inc. (ADLSI).

“I do this work because the more I learn about the horrors of factory farming, and other uncomfortable facts, the more I am compelled to speak up. It is a way of using my legal skills for a worthwhile cause.”

Gillian Coumbe QC

prompted her to become involved in working for changes to animal welfare law. “We can organise our lives so that we are insulated from too much knowledge.” But five years ago, graphic and “confronting” footage of sows confined in rows of cages in a dark, filthy shed at a New Zealand pig farm brought “the blight of factory farming” to her attention, in a way that she found impossible to ignore. She “felt compelled to do something”.

Ms Coumbe QC was surprised to discover that the Code of Welfare governing how sows could be treated under the Animal Welfare Act 1999 actually authorised most of what she had seen. “If you want some really grim reading, if you want to be upset, read the Pig Code of Welfare,” she said.

What also jarred was the extent to which the Code, which is only delegated legislation, undermined obligations under the Act itself to ensure that animals are not subject to distress or ill-treatment. Although welfare codes may, in “exceptional circumstances”, specify minimum standards that do not comply with the Act’s obligations, it seems that this exemption has been rather liberally applied.

Ms Coumbe QC began by writing a submission as part of a review of the Code. “I approached it in the same way as a court submission – logical, factual, and forceful. Not an impassioned harangue. The facts, when clearly presented, seemed to me to be indefensible.” She has since, like the other speakers, devoted many hours to writing submissions and providing legal advice for animal welfare organisations, voluntarily and in her spare time.

“I do this work because the more I learn about

necessarily become familiar through her work on the Animal Welfare Act Amendment Bill.

Although there is still a long way to go, she cites the removal of a loophole which would have enabled practices which breached the Act to go on indefinitely (now capped at 15 years) as an example of inroads being made towards reform.

Ms Mathers noted that members of the legal profession are in a unique position to help with the reform of the law in this area, due to their ability to craft well-worded and logical submissions, and encouraged the audience to get on board and make a difference.

The QC

Gillian Coumbe QC spoke very movingly and forcefully of her own “epiphany” which Continued on page 10

Gillian Coumbe QC Anita Killeen Jennifer Mills Lucy LeadbetterMojo Mathers MP


+ Competition law

Cartel damages thinned outBy Andy Glenie, Senior Associate, and Lara Bird, Solicitor, Bell Gully

The High Court recently concluded that a victim of price-fixing could not recover from one wrong-doer damages compensating for losses it suffered at the hands of others. The decision offers a rare and important insight into the right to damages under section 82 of the Commerce Act 1986 (Act).

Background

New Zealand Bloom Limited v Cargolux Airlines International SA [2014] NZHC 109 is yet another chapter in the air cargo price-fixing saga.

NZ Bloom is a flower exporter. It alleged that Cargolux breached sections 27 and 30 of the Act by reaching agreements with other airlines to add fuel and security surcharges to their prices for exporting products from New Zealand, which freight forwarders then passed on to NZ Bloom.

NZ Bloom claimed that it had suffered nearly $340,000 worth of losses as a result of the airlines’ agreements forcing it to pay inflated prices. Crucially, only $40,000 of those overcharges were paid to Cargolux.

The parties agreed that the Court should determine a preliminary question before trial: could Cargloux be liable to NZ Bloom in respect of the remaining $300,000?

Decision

The Court began by focusing on section 82 itself. Relevantly, the section states that “every person is liable in damages for any loss or damage caused by that person engaging in conduct” that amounts to a contravention or being involved in a contravention of sections 27 or 30 of the Act.

Justice Peters took the view that section 82 required NZ Bloom to plead and prove that the $300,000 loss was caused by Cargolux itself entering into or giving effect to the alleged price-fixing agreements.

The Court then went on to consider NZ Bloom’s statement of claim. It simply alleged that the price-fixing agreements between the airlines had caused loss to NZ Bloom in that it was forced to pay $300,000 worth of overcharges.

The Court held that pleading to be defective. It did not allege that Cargolux’s conduct had caused NZ Bloom to suffer $300,000 worth of losses, nor did it plead the facts necessary to prove causation between Cargolux’s conduct and NZ Bloom’s losses. Consequently, the Court answered the preliminary question in favour of Cargolux.

In reaching that conclusion, the Court made several important comments in passing. First, it accepted that a plaintiff may be able to plead that a single cartelist caused it loss simply because its significant market presence meant that other players “followed it into the agreements”.

Second, the Court pointed out that it had not been asked to determine what kind of causal connection would suffice under section 82 (e.g. it might be enough that the defendant’s conduct was merely a “material cause” of the loss).

Comment

Brief though it is, the decision is significant. To begin with, it may cap NZ Bloom’s recovery from Cargolux at $40,000 (a modest sum by

comparison with the costs of High Court litigation).

More widely, it will present a plaintiff in a cartel case with an important choice. It must either proceed against all the cartelists with whom it did business (with the attendant difficulties in terms of cost and complexity), or carefully frame its claims against a single party so as to make it clear exactly how that party caused the plaintiff ’s wider losses. Until the law is clarified, a plaintiff taking the latter option may need to assume that it must prove a strong causal connection between the single cartelist and its wider losses.

It is also worth reflecting on the possible implications of the decision with respect to the liability of multiple defendants. Some would assume that cartelists should, like tortfeasors, be jointly and severally liable for the harm done by their conduct.

However, this decision leaves open to a cartelist the argument that it has not caused the entire loss suffered by the plaintiff and so should only be liable for a proportion of it.

If accepted, that argument could disadvantage even a plaintiff which carefully pleads its case against multiple defendants should one of them become insolvent or otherwise evade the jurisdiction of the New Zealand courts.

On a related note, ADLSI is holding a live-streamed CPD seminar on this topic in Auckland on Thursday 18 June 2015 – see www.adls.org.nz/cpd for details.

This decision will present a plaintiff in a cartel case with the choice of either proceeding against all the cartelists with whom it did business, or carefully framing its claims against a single party so as to make it clear exactly how that party caused the plaintiff’s wider losses.

Lara BirdAndy Glenie

LN

To our readers: Law News will be taking a break during the week of Easter Monday. We hope you have the opportunity to enjoy some time off over this period too! We look

forward to seeing you again for Issue 10, which will publish as usual on Friday 17 April 2015.


+ History of the legal profession

New book captures Auckland District Law Society’s past with nostalgia and humourLawyers are the central characters of many novels. The real-life stories of many lawyers can be just as interesting. Auckland’s lawyers have been an important, integral part of life in the city since the earliest days.

It Was All Legal: The Auckland District Law Society and its members 1879-2009, by Graham Wear, brings to life the fascinating and colourful stories of a number of Auckland lawyers and that of the District Law Society to which they all belonged.

While “history” can be a rather dry word in the mouth, fear not – this is no “detailed, scholarly and dull” tome. Rather, it is a lavishly designed and illustrated account of the country’s largest district law society and its memorable members – rich in photographs, short anecdotes, humorous asides and lighter touches.

As noted by the Right Hon Sir Anand Satyanand, former Governor-General of New Zealand, in his foreword, the book recalls the past with a mixture of “pleasure, nostalgia and regret”. “Graham has brought the Auckland District Law Society to life in a memorable way,” he writes. Says the author himself, “It was tremendous fun to write, I really enjoyed researching it.”

This highly readable work brings to the surface some long-dormant pearls about those who have peopled the legal scene in Auckland, along with

snippets from the city’s historical backdrop from the mid-19th century to the first decade of the 21st century.

Many Society members went on to achieve success in politics and other areas of national life. To be found within the book’s leaves are former Prime Minister David Lange (described as “a brilliant criminal barrister, always short of money because he rarely sought a fee from his numerous impoverished clients”), former Governor-General Anand Satyanand (another criminal barrister), Peter Williams QC

(who served a brief spell in jail as a young man and went on to become the nation’s best known advocate for prison reform), Chief Justice the Right Hon Dame Sian Elias (the first woman to be appointed to the role), and former Privacy Commissioner Sir Bruce Slane (a pioneer talkback host on Radio 1ZB), among many others.

Other colourful characters have formed part of the Auckland legal scene over the years. “I knew a lot about the Society’s recent history, but there were a few surprises going back into the early years,” says Mr Wear.

The Society’s first president, Frederick Whitaker, was Premier of New Zealand. “He was a partner of Thomas Russell, and the pair of them were heavily involved in politics and had benefitted, not always in the most ethical manner, from the spoils of the Waikato Land Wars,” says the author.

One of Graham Wear’s favourite stories is that of Mr Justice Edwards, an Auckland Supreme Court judge who hit the headlines in the years before the first World War. Initially from Wellington, Justice Edwards was appointed to the bench in Auckland in 1903. However, very soon thereafter, the normally very polite relations between the bench and the bar began to break down drastically, with the frequent confrontations in his courtroom reported in Auckland’s newspapers.

“He had a manner which upset members of the Court and the public alike. He even reduced a number of Queen’s Counsel to tears,” says Mr Wear. In one case, counsel “was so exasperated by the judge’s behaviour that he dropped his brief with a crash on the bar table and walked out”.

Justice Edwards became a figure of fun in the public, and some of the newspapers of the day published cartoons about him. “The Observer published one which really offended him, and so the publishers were summonsed to Wellington to face contempt of court proceedings. They set off to the train station accompanied by a brass band parade,” says Mr Wear. Neither was the court particularly sympathetic to the judge – although the allegations of contempt were probably justified, they were thrown out.

Ultimately, close to 100 of Auckland’s lawyers signed an unprecedented resolution expressing their “conviction that the administration of justice has been imperilled, and public confidence in the Supreme Court shaken, by [Justice Edwards’] failure in recent years to maintain that judicial and impartial attitude during the hearing of cases which should distinguish the holder of so important an office”. Although a Parliamentary move to remove him from office came to nothing, Justice Edwards moved to the Wellington bench shortly thereafter and was eventually induced to retire early in 1921 for an additional pension payment.

“Justice Edwards’ story was a gem for me,” says Mr Wear. “The most interesting part of it was the way the legal profession of the day tried to cope with a difficult judge, while still rigidly bound by the conventions of the time.”

Author Graham Wear

Andrew Gilchrist, Joanna Pidgeon and Frank Godinet George Palmer and Colin Pidgeon QC

Continued on page 5


The Chancery Chambers building itself, which has housed the Auckland District Law Society and then ADLSI since 1989, also has an interesting past life. Miss Cousins’ Tea Rooms were to be found up in the Council Room from the 1920s, and the “Pleasure Turkish Baths” in the basement from the 1930s. “The joke was that you could eat a lot of cake and then go downstairs to sweat it off,” says Mr Wear. In the 1950s and 60s, several offices in the building were occupied by an accountancy firm in which Sir Robert Muldoon was a partner. He occupied a cubbyhole in a subdivided area in what is now the Council Room.

When the Auckland District Law Society purchased the building in 1989, the Council Room had a very low, false ceiling. “There was quite a claustrophobic feel to the place,” says Mr Wear. “We got our builder to cut a hole in the ceiling and he climbed up there and shone a torch around. He called down to me, ‘You’d never believe what’s up here [i.e. the wooden

substructure of the conical tower on top of the building]’. So I asked, ‘What would happen if we just took the ceiling out?’ And that’s what we did.”

Mr Wear also recalls with fondness the years of past President Stanley Tong (“a very quiet, polite and unassuming man”) and his redoubtable wife, Kitty. No doubt, readers will chuckle at some of the tales from Mr Tong’s presidency, one of which Mr Wear related (to much amusement) at the launch evening. “When the Society hosted the American Bar Association, a big Texan man came up to Stan and pumped his hand, saying, ‘Hi Stan, I’m Al. This is my wife, she’s Randy.’ To which Stanley Tong quietly responded, ‘Oh, how very nice for you.’”

The Auckland District Law Society was replaced in 2009 by an incorporated society, which has published this book as a record of an eventful 130 years.

It Was All Legal: The Auckland District Law Society and its member 1879-2009

Christopher Darlow and Brian Keene QC

Dr Rodney Harrison QC, WIlliam Spring, Norman Elliott and Bob Hesketh

Graham Wear, Margaret Malcolm and Gary Gotlieb

Continued from page 4

LN

ADLSI invites members of the legal profession to come together and honour the Hon Dame Silvia Cartwright at a dinner to be held at the Northern Club on Friday 8 May 2015.

ADLSI would be delighted if you would join us for this convivial evening to honour Dame Silvia Cartwright’s distinguished contribution to the law and her rise to the role of Governor-General of New Zealand.

Date: Friday, 8 May 2015Timing: 7.00pm Arrival and drinks 7.30pm DinnerVenue: The Northern Club 19 Princes Street Auckland

+ ADLSI event Law Dinner to honour the Honourable Dame Silvia Cartwright PCNZM, DBE, QSO

Dress code: Black tie

Tickets: $105.00 + GST ($120.75 incl GST) per ticket for ADLSI members and current and retired members of the judiciary; $135.00 + GST ($155.25 incl GST) per ticket for non-members

To register for this dinner, please visit www.adls.org.nz; alternatively contact [email protected] or 09 303 5287. Spaces are limited so register before 29 April 2015 to secure your space, subject to availability.

ADLSI’s standard cancellation policy applies for this event.

Dame Silvia Cartwright


Phillip Green, a Wellington-based mediator, arbitrator, adjudicator, and barrister, is among the facilitators of a new five-day programme, AMINZ Mediation Skills Intensive. Here, he reflects on the latest trends in conflict resolution and the practical and theoretical issues participants in the course will be looking at.

What do you see as the important emerging trends in mediation in 2015?

The big trends reflect on growing knowledge about how emotion drives so much of our decision making, and changes in process including a greater use of different mediation models and a growing reliance on the digital age. Each of these are significant topics in their own right.

How about online mediation? We hear a lot about this. Where do you see it going?

Online dispute resolution is a developing movement overseas, but it is still relatively uncommon here. ODR can simply refer to commonly used applications such as email or videoconferencing such as Skype. These applications are used to set up and even run a mediation while the other form uses third party neutral software to facilitate settlement with concepts such as “blind bidding”. Some of the programmes are quite sophisticated. They assist people to generate options and consider trade-offs. I think the primary advantage is speed and cost. The only time delay is in arranging for all relevant participants to be available on a given day and at a given time. But there is no need to arrange for physical space nor is there the need for time to travel to a given meeting point. As a tool for concluding a settlement within party- agreed parameters, it is crisply efficient.

What interesting research have you seen recently?

Some of the really interesting research includes the use of logic models for generating solutions available to the parties for discussion if there are conflicting interests to be met. This work comes out of the Massey University Dispute Resolution Centre and the work of Dr Frieder Lempp. Then there is the burgeoning knowledge around how emotion influences our decision making. This research includes some of the latest studies in neurology, psychology and psychiatry. To be a top-class mediator it’s really no longer possible to ignore this research.

Could practitioners and researchers be working closer together?

There is enormous scope for practitioners and researchers to work closely together. Having said that, mediation is almost always a confidential process. Research models therefore need to protect anonymity, and this can be achieved. There is still so much to learn about what makes the mediated process so successful, and how its effectiveness can be further improved.

Is this a good time for people thinking about making a career in conflict resolution?

Yes! Conflict resolution, in its different forms, is one of the fastest growing industries globally. Its

+ News from the Arbitrators’ and Mediators’ Institute of New Zealand Inc

Trends in conflict resolution

processes serve not only to address neighbour disputes, family and employment disputes, but also the most complex of commercial disputes and disputes between nations. If a dispute is to be resolved, and regardless of its context, bringing the skills of professional conflict resolution to bear will increase the prospect of a good outcome manifold.

Can you tell us a bit about the teaching programme you are involved in this

Phillip Green

LN

year? What skills does it help refine for participants?

The AMINZ Mediation Skills Intensive is a new and exciting course targeting aspiring mediators, as well as those who wish to up skill. It will meet the needs of anyone interested in mediation or having to participate in it for whatever reason. It’s a five-day course jam-packed with exciting learning opportunities. With each of the components, it begins with the basics as a reminder for those who are up skilling and a platform for the newbies to lead them into deeper material. Both theory and practice will be taught so that people understand why they are being encouraged to follow a particular path. We begin with how to negotiate and then put the theory to work. Lots of hands-on learning opportunity. By the end of the course, everyone will have had both the practice and experience of actually mediating.

How do mediation courses in New Zealand compare to those abroad?

Our teaching programmes and courses are first-rate. Most of our senior AMINZ teaching faculty have all had the experience of both being taught overseas and teaching overseas. This brings a depth to our courses rarely seen in other contexts. It also means that our professional standards can be measured both nationally and internationally. We are fortunate that almost all of the leading universities include dispute resolution as a course offering, frequently attached to law degrees and business degrees. Massey University has its own Dispute Resolution Centre with faculty to a doctoral level. Its courses in dispute resolution have attracted students and faculty both nationally and internationally.

You talk about bargaining game theory and practice, meeting negotiating styles and effectively manage them. What are the benefits of learning about them?

So much of life is about negotiating, a process learned even as we grow from babyhood to childhood. During this period we learned some of the bitter lessons about power and that the person with the real power usually wins the negotiation. As we get a little older we come to recognise that certain games when pitted against our parents or peers or siblings will win us gains for the negotiated outcome. Well, in the adult world, while many of us resort to our early negotiation game learnings, those with the more sophisticated toolkit are most likely the ones who will get what they want. In the real world of negotiation a failed negotiation can be catastrophic at an individual level, family level and so on. In this programme, we draw on some of the top shelf research from out of such institutions as Harvard and then apply this knowledge into the New Zealand context. These are the learnings that will benefit anyone who wants to improve their life skills.

The AMINZ Mediation Skills Intensive is offered in Auckland from 25-29 May 2015. For more information, please visit www.aminz.org.nz.

Online dispute resolution is a developing movement overseas, but it is still relatively uncommon here. The primary advantage is speed and cost. The only time delay is in arranging for all relevant participants to be available on a given day and at a given time. But there is no need to arrange for physical space nor is there the need for time to travel to a given meeting point. As a tool for concluding a settlement within party-agreed parameters, it is crisply efficient.


+ Young lawyers

Simpson Grierson Awards Environmental Law Prize

Rachael Witney is the winner of the Simpson Grierson Environmental Law Prize for 2014.

The award recognises the student with the best overall mark in the University of Waikato’s environmental law paper.

Ms Witney was presented with a cheque for $1,000 at a function at the firm’s Auckland office on Tuesday 17 March. Heather Ash, partner in Simpson Grierson’s environment group, handed over the cheque. She says: “The firm established the Environmental Law Prize in 1992 to recognise our long-standing relationship with the University of Waikato. Simpson Grierson is committed to rewarding academic excellence. We also have New Zealand’s largest environment, planning, and resource management group. It’s been great to meet Rachael today and celebrate her success.”

Ms Witney says of winning the prize: “It’s a privilege having such a great firm supporting up and coming law graduates and awarding them for achievement in the areas they are passionate about. Winning this prize has meant a lot to me because throughout my studies I have been particularly interested in environmental law, especially in relation to the current problems that face society today such as climate change and sustainable development.”

Simpson Grierson has been sponsoring the University of Waikato’s Environmental Law Prize since 1992.

+ New book

Financial Markets Conduct Regulation: A Practitioner’s Guide

Authors: Victoria Stace, Thomas Gibbons, Chris Holland, Trish Keeper, Nathanael Starrenberg

Financial Markets Conduct Regulation: A Practitioner’s Guide provides authoritative guidance on the legislative scheme implemented under the Financial Markets Conduct Act 2013, the largest change in New Zealand’s financial markets law in the last 20 years.

This comprehensive text features detailed commentary and citations, covering a wide range of topics such as: the new disclosure rules for offers, fair dealing rules for financial products, governance rules for superannuation and other managed investment schemes.

This practical guide will be an essential resource for all those advising on or working within the reformed financial markets regime.

Price: $160.00 plus GST ($184.00 incl. GST)*Price for ADLSI Members: $144.00 plus GST ($165.60 incl. GST)*

(* + Postage and packaging)

To purchase this book please visit www.adls.org.nz or contact the ADLSI bookstore by phone: 09 306 5740, fax: 09 306 5741 or email: [email protected]. Pictured here from left to right are Rachael Witney, Associate Dean Trevor

Daya-Winterbottom, Partner Heather Ash, Partner Gerald Lanning and Acting Dean Wayne Rumbles

LN

During the weekend of 11 April, the Parliamentary Counsel Office will be making some minor changes to the format of legislation and to the New Zealand Legislation website http://www.legislation.govt.nz/.

• The changes will have no legal effect—they will not change the meaning of legislation.

• The changes are being made in response to user demands.

• The principle followed is that any new format must be unambiguous and readable/easy to follow, as simple as possible to implement technically, and workable in both the PDF and HTML formats (PDFs are for downloading and printing; HTML is the “regular” website view).

The changes will include:

• amendments in Bills and amending legislation – blocks of text to be inserted into other legislation will be shaded, instead of enclosed in quote marks;

• improvements to the usability of the New Zealand Legislation website; and

• page size to be standardised to A4 – printed legislation will have more text on the page, with slightly less surrounding white space.

For more information, see www.pco.parliament.govt.nz/format-changes-2015/.

+ Legislation

Changes coming to format of legislation

LN


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

Featured CPD

Thursday, 7 May 2015 4pm – 6.15pm

Live streamed | Auckland (venue TBC)

2 CPD HOURS

Statutory Demands: Use & Abuse This seminar will provide practical guidance and insights into substantive and procedural matters relevant to issuing and applying to set aside statutory demands.

Learning Outcomes• Become more familiar with the form, technical and service matters associated with issuing a statutory demand.

• Gain a greater understanding of lawyers’ professional obligations when issuing a statutory demand.

• Gain a deeper understanding about applications to set aside statutory demands.

• Become appraised about the various outcomes and consequences, including the interface with the voidable transaction regime should the creditor be paid and strategies to minimise the risk of a claw back.

• Receive an update on key case law.

Who should attend?All lawyers (general practitioners, commercial and civil litigation lawyers, and in-house counsel) who deal with statutory demands. Accountants, insolvency practitioners, Chief Financial Officers, debt collectors, credit controllers and company directors/shareholders may also benefit from attending.

Presenter: Mark Broad, Senior Associate, Kensington Swan

Thursday, 30 April 2015 5pm – 7pm

Auckland CBD (venue TBC)

2 CPD HOURS

In Praise of the Family Court Reforms?Much has been written, and said, about the reforms to the Family Court dispute resolution system. Now a year after the reforms took effect, this forum is a timely opportunity for practitioners to receive topical information, practical guidance, and perspectives and insights from those ‘at the coalface’: a Judge, barristers and a Ministry of Justice representative.

Learning Outcomes• Gain a better understanding of key problem areas, and increase your ability to address them.

• Gain insights into the content and usage of the new forms.

• Deepen your understanding of what happens, or should happen, at the pre-Court, at Court and post-Court stages.

Who should attend?Family lawyers at all levels who act in matters arising under the Care of Children Act.

Presenters: Her Honour Judge Rogers; Alan Goodwin, Barrister, Eden Street Chambers; Emma Parsons, Barrister, Ponsonby Chambers; Jennie Montague, Service Delivery Manager, Auckland Civil and Family, Ministry of Justice Chair: Brian Carter, Barrister, Bastion Chambers

7. 10 hour 8. On demands6. Webcast5. Forum

1. Seminar 2. Webinar 3. Workshop 4. Conference

Forum

Monday, 20 April 2015 Auckland

Thursday, 23 April 2015Christchurch

6.5 CPD HOURS

Cradle to Grave Conference 2015 Proudly sponsored byA compelling refresher and update for general practitioners and all lawyers practising in trust, estate planning, relationship property and elder law.

Topics: Wills - Benefits, Mistakes & Risks: Observations from a Recently Retired Judge; Exploring the Legal Landscape of Capacity; Assessing Capacity: The Medical Perspective for the GP Lawyer; Testamentary Capacity: The Lawyer's Options When the Client May Not Have It; Trust-Related Case Law Update; The Trusty Trust: The Optimal Solution for Succession Planning?; Family Law Developments for Non-Specialists; Decisions of Trustees: Principles, Problems and Options; Wills from Start to Finish

Presenters: Bill Patterson, Partner, Patterson Hopkins; The Honourable John Priestley QC; Sandra Grant, Barrister; Dr Bede McIvor MB ChB FRANZCP, Psychogeriatrician and Psychiatrist; Sonja Clapham, Barrister; Anthony Grant, Barrister; Denham Martin, Barrister; Brian Carter, Barrister; Vanessa Bruton, Barrister; Chris Kelly, Consultant, Greg Kelly Law Ltd (Auckland session); Greg Kelly, Principal, Greg Kelly Law Ltd (Christchurch session)



Conference



Live stream



Seminar

Wednesday, 13 May 2015 12pm – 1pm

At your desk or on your portable device

1 CPD HOUR

The Reviewable Attorney – Enduring Power of Attorney UpdateThis practical session will enable practitioners to consider the “how to” of an application for review of the actions of an attorney acting under an EPA in light of recent case law. It will also provide useful guidance on steps to take when drafting EPAs to reduce the possibility of review of attorney actions in future.

Learning Outcomes• Become familiar with “red flags” triggering a review of an attorney’s conduct and how to make an application for review.

• Receive tips on how to deal with complaints about an attorney.

• Become familiar with the different thresholds of legal and medical incapacity for EPA.

• With reference to recent case law, update your knowledge on the legal tests for applications for review of attorneys’ actions.

Who should attend?General practitioners, family lawyers and other lawyers and legal executives who prepare EPAs, act as attorneys or who encounter EPAs as part of their practice.

Presenters: Maria Kazmierow, Barrister & Mediator

Commentator & Chair: Tony Fortune, Partner, Fortune Manning7. 10 hour 8. On demands6. Webcast5. Forum


Webinar


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

CPD in Brief

Courtroom Advocacy – The Essential Skills: Part 2 Tues, 5 May 2015 | 4pm – 6.15pmCase preparation and well-honed advocacy skills are key attributes of all successful litigators. This seminar will give you practical guidance and examine key advocacy skills in relation to evidence which are adaptable to any litigation context.

Presenters: Her Honour Judge Inglis; Simon Jefferson QC; Andrea Manuel, Barrister, Shortland Chambers

Chair: Michael Fisher, Barrister, Erskine Chambers

Transport Law Update: The Lowdown on Heavy Vehicles Thurs, 14 May 2015 | 4pm – 6.15pmThe law relating to transport services, in particular heavy vehicles, is becoming increasingly complex and industry members are facing new challenges and risks. This update will help you develop strategies to advise and protect your clients better and covers the topics that you will most likely encounter in your day-to-day practice.

Presenters: Shafraz Khan, Partner, Fortune Manning; Andrew Thompson, Managing Counsel (Regulatory and Commercial), NZTA

Cartels or Lawful Collaborations? What your clients need to know Thurs, 18 June 2015 | 4pm – 6.15pmSignificant amendments to the Commerce Act 1986 mean your business clients will need to review their agreements and relationships with competitors to ensure they do not breach the revamped cartel regime. The changes are wide-ranging and include new cartel prohibition definitions, new exemptions and criminalisation.

Presenters: Katie Rusbatch, Manager, Competition, Commerce Commission; David Blacktop Principal Counsel, Competition, Commerce Commission; Alan Lear, Barrister

Chair: Geoff Hardy, Principal, Madison Hardy

Drafting Better Pleadings Wed, 24 June 2015 | 12pm – 1pmThe ability to draft pleadings well is a core skill of any litigator and increasingly so given that pleadings have recently been re-introduced to the District Court. More details to come.

Presenter: The Honourable Justice Duffy

5CPD

ON DEMAND PACKA

GE

H O U R S

H O U R S

CPD

O

N DEMAND BONU

S

5-hour CPD On Demand packages available. Plus 2 bonus hours of CPD On Demand for you to complete. Visit www.adls.org.nz/cpd

TOP UP YOUR CPD HOURS

CPD On Demand

Self-Represented Persons: Problems & Solutions – Family LawNatural justice or an unworkable situation? As the number of self-represented persons in our legal system increases, accommodating and managing them is becoming increasingly important. View this On Demand webinar to learn more about the problems and the solutions, with particular focus on the family law area. Presenters: His Honour Judge Maude; Lynda Kearns, Barrister, Bastion Chambers

Interpreting Land Transfer Documents: Developments & Problems This recorded webinar compares the different approaches to interpreting land transfer documents and applies them to the conveyancing context. Presenters: Rod Thomas, Barrister & Senior Lecturer in Law, AUT University; Dr Matthew Barber, Senior Lecturer, Law School, AUT University

CPD Pricing

Delivery Method Member Pricing Non-Member Pricing

Webinar $75.00 + GST (= $86.25 incl. GST) $95.00 + GST (= $109.25 incl. GST)

Seminar (in person) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

Seminar (live stream) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

On Demand (1-hour recording) $85.00 + GST (= $97.75 incl. GST) $110.00 + GST (= $126.50 incl. GST)

On Demand (2-hour recording) $95.00 + GST (= $109.25 incl. GST) $130.00 + GST (= $149.50 incl. GST)

For group bookings for webinars & CPD On Demand, see the ADLSI website at: www.adls.org.nz/cpd/help-and-faqs/group-bookings/.











On Demand



Seminar



Live stream



Seminar



Live stream



Seminar



Live stream



On Demand



Webinar


Continued from page 2, “A call to action to the legal profession”

the horrors of factory farming, and other uncomfortable facts, the more I am compelled to speak up. It is a way of using my legal skills for a worthwhile cause.”

While there has been some progress, Ms Coumbe QC considers significant change is still needed. For example, although sow stalls will be banned from December this year, sows will still endure lives of cramped indoor confinement. In the poultry industry, battery cages will not be banned until December 2022, and even then they can be replaced with only slightly larger “colony” cages, giving a mere 200 sq cm extra. (Here, she held up a very small square of paper to illustrate the pitiful amount of extra space each battery hen will have – 22 years after the Act came into force.)

“There is a lot we can do to promote incremental change. New Zealand’s economy is heavily dependent on farm animals. That is not going to change any time soon. But we can work for improvements in the way farm animals are treated. At the very least our laws should ensure that they live in humane conditions,” she said.

She urged her fellow lawyers, particularly the younger generation, to make a contribution: “We lawyers, who have long neglected this cause, are well-placed to donate our time to argue for the necessary law changes. I hope that our discussion will encourage you to use your time, skill and compassion to promote the ongoing reform of our animal welfare law.”

Ms Coumbe QC’s paper is available on her website at www.gilliancoumbe.co.nz.

The barrister

Anita Killeen’s day job is as a barrister at Quay Chambers, but she has spent many hours outside of her regular practice working for harsher penalties against animal cruelty and helping the SPCA establish its Pro Bono Panel of Prosecutors. Volunteering her time and skills in this way are part and parcel of what gives her job satisfaction.

Ms Killeen serves as a Director of the Auckland SPCA, and established the Pro Bono Panel in 2009. “When I first researched the organisation I was really surprised a charity was tasked with a law enforcement and prosecution function and – quite frankly – horrified to learn that on occasion offenders were not able to be brought to justice as there was no money to fund the prosecution,” she says.

The Panel now comprises senior, experienced lawyers (including Queen’s Counsel, barristers, and law firm partners) who conduct prosecution cases in court at no charge.

Ms Killeen has also worked closely with the Hon Simon Bridges on reforms to the Animal Welfare Act 1999. Key measures for which she has campaigned include an increase of the maximum sentence for wilful ill-treatment of an animal from three to five years’ imprisonment, with maximum fines rising to $100,000 for an individual and $500,000 for a company.

In addition, Ms Killeen has researched and written about the connection between animal cruelty and domestic violence in New Zealand.

Citing research commissioned by the New Zealand Women’s Refuge and the SPCA in 2012, which found that 50% of Women’s Refuge clients interviewed had witnessed animal cruelty as part of their experience of domestic violence, she argues that animal cruelty must be viewed within the context of criminal offending generally as having broader potential negative impacts on society.

The intersection between animal cruelty and domestic violence also emerges in research showing that one in three women delayed leaving violent relationships because they feared their pets would be killed or tortured, and that women fear abusive partners will keep the pets. Ms Killeen urged amendments to the Domestic Violence Act 1995 to expressly allow protection orders to include companion animals. This is something also supported by Ms Mathers MP, who states: “Too many loved family pets are being killed or hurt as a means of controlling women in abusive relationships. It is time for the law to recognise the connection between domestic violence and animal abuse”.

The prosecutor

Kylie Cooper of Crown Law gave some enlightening insights into the leading case of Ministry for Primary Industries v Erasmus [2013] NZHC 281, in which she was involved and which set an important precedent for sentencing under the Animal Welfare Act 2010.

Erasmus was a successful appeal in circumstances where the animal owner had inflicted such a high degree of pain and suffering on his cattle that many of them had to be put down almost immediately, due to the degree of distress they were in. Injuries included broken tails and bones due to animals having been bashed with steel milking cups. As Ms Cooper said, “This case took all the worst elements of comparable cases.”

She noted the incongruity in Mr Erasmus being put on home detention at first instance (essentially being sent straight back into the environment of his offending), and considered that undue precedence had been given to rehabilitation over deterrence to other similar offenders.

Although taking an appeal in this instance was an uphill battle (because it was a challenge of a judge’s exercise of discretion and an attempt to have a sentence of home detention commuted to imprisonment), Ms Cooper said, “When this file landed on my desk I knew we had to push for an appeal.”

Justice John Priestley eventually quashed the home detention imposed by the District Court, substituting it with a jail term instead. The fact that his Honour recognised the suffering of animals as “sentient beings” and handed down a term of imprisonment “sets a benchmark for other sentencing decisions”.

Like the other speakers, Ms Cooper encouraged lawyers to do what they could to work for reform in this area: “No matter what stage you are at in your career you can make a difference.”

The partner

Jennifer Mills of Anthony Harper is an employment lawyer – which may not necessarily be an area of law one would immediately associate with contributing to animal law reform. However, she is yet another example of how lawyers, no matter what their area of practice, can make a real difference if they are passionate about a cause.

“New Zealand has an appalling track record of animal abuse,” she stated, and spoke of her own particular passion for mistreated horses and ongoing efforts to track down and aid the many horses who are effectively left to die by their owners each year.

Aside from the constant problem of under-resourcing faced by Ministry of Primary Industries inspectors and organisations such as the SPCA, Ms Mills considers that current powers of search and seizure afforded to animal inspectors are not broad enough.

While inspectors can currently enter land without a search warrant, they cannot enter dwellings, and often their ability to seize crucial evidence is hampered by belligerent owners. Although these powers are expanded under the Animal Welfare Act Amendment Bill, the proposed changes have not gone far enough – Ms Mills wants to see the threshold for seizure lowered and powers to enter dwellings increased.

Ms Mills also gives a generous amount of her time doing pro bono employment law work for the SPCA. At times she has her entire team working on matters for the SPCA, which she describes as “very morale-building”, as they are “working together on something we are all passionate about”.

She re-iterated the call for lawyers to consider what they can do to make a difference to worthy causes: “It is hugely rewarding – you have to consider what contribution you can make to the community.”

The next generation

The final speaker of the evening was Lucy Leadbetter of Fortune Manning, who, in conjunction with fellow young lawyer Danielle Duffield, recently established the New Zealand Animal Law Association (see website http://nzala.org/).

The New Zealand Animal Law Association is a group of lawyers who are passionate about improving animal welfare in New Zealand. The group has been fortunate enough to engage the support of Justice Michael Kirby as one of its patrons, and today has over 150 members across the country.

The Association’s focusses for the coming year include making submissions, public education and assisting organisations such as the SPCA with legal work where it can. Lawyers of all ages throughout the country were encouraged to check out what the organisation is doing and to consider becoming involved. LN


• Room Available in character building in central city location

• Friendly Chambers’ members• Suitable for Barrister and/or

Solicitor• Reasonable rental• Immediate Occupancy

Inquiries to: MARK EDGAR: - Telephone 021 630 957 orBEV ROBERTS: 09 309 9847- after 11 am

OFFICE FOR RENT1st Floor, 23 Shortland Street

Auckland Central Lemonbone offers affordable access to contemporary NZ art.Transform your office or home.Short or long term hire.

Art Leasing

09 360 1627 / 021 629 293 [email protected]

Chambers in Ponsonby? Complete first floor available for rent in iconic Ponsonby building at 35A Jervois Road (behind Leatham Cottage).

Approximately 75-80 sq/m including balcony.

Currently open plan but could be partitioned. Suitable as chambers for 1-3 barristers or boutique

firm of solicitors. Shared sunny courtyard has pond, avocado trees and plum trees.

Available immediately.

Please call Sheila on09 378 7002 or 021 833 714

Dyslexia Foundation of New Zealand (DFNZ) is calling for an increase to the Youth Court age to help ensure dyslexic youth are not entrapped in a system that treats them as adults.

The issue was highlighted during DFNZ’s Dyslexia Advocacy Week campaign in March. The age of criminal majority in New Zealand is 17 years old at present, meaning 17 year olds are excluded from Youth Court and tried as adults. DFNZ would like to see the age increased to 18 years old, in line with an UNCROC (United Nations Convention for the Rights of the Child) recommendation.

Guy Pope-Mayell, DFNZ chair of trustees, says young people with dyslexia, communication disorders and other neurodisablities are vulnerable in the adult court system. Difficulty with the acquisition of basic skills like reading and spelling, slower cognitive processing speeds and comprehension issues, among other things, can contribute to this.

In the justice system, learning difference may present as reduced capacity to follow the legal process, less ability to withstand pressure to make a guilty plea and the appearance that the situation is understood, when this is far from the truth.

“Offending is the dark side of learning difference. Dyslexics are no more prone to criminal behaviour and committing theft, assault, arson, manslaughter or murder than any other population base. Yet they are grossly overrepresented in the youth justice system and prison population,” Mr Pope-Mayell says.

“In New Zealand, an estimated 10% of the population is dyslexic, yet percentages climb to well over the 50% mark in our prisons. This is a stark comment on a justice system failing to take account of the impact that dyslexia can have on an individual’s ability to comprehend the process, understand exactly what they are pleading guilty to and discern the consequences.

“There is some misperception that the Youth Court is not tough on serious offenders. Yet

+ Youth justice

DFNZ calls for increase to Youth Court age

there is already a mechanism whereby a young person can be convicted by the Youth Court, referred to the District Court and have a prison sentence imposed. In this way the system is well able to provide an appropriate response to very serious offending by 17 year olds – in fact 15 young people went to prison last year via this route.”

DFNZ considers that raising the Youth Court age would bring New Zealand in line with much of the Western world and would remedy a breach of UNCROC, which defines a child as anyone under the age of 18. Despite ratifying the Convention in 1993, New Zealand does not include 17 year olds in the youth justice system.

In the Government’s draft Fifth Periodic Report under UNCROC (due in May this year), there would be no change to this position. As part of the public consultation process on the draft report which closed in February, DFNZ made a submission contending for a reconsideration.

“We believe it is impractical, inconsistent and unjust to continue to exclude 17 year olds from the youth justice jurisdiction. Raising the age would be a simple first step that the justice system could take that will help address the appalling statistics,” Mr Pope-Mayell says.

For more information, please see www.dyslexiafoundation.org.nz/.

Guy Pope-Mayell

LN

The Commerce Commission has now begun enforcing the new unfair contract terms provisions of the Fair Trading Act.

Unfair contract terms relate to clauses in standard form consumer contracts, where the terms have been offered to the consumer on a “take it or leave it” basis. Now, unfair contract terms are prohibited in all standard form consumer contracts that are entered into, renewed or varied on or after 17 March 2015. The new laws are of limited application to insurance contracts, with many of the key terms of insurance contracts being exempt, nor are earlier contracts captured.

“Businesses have had 15 months to prepare for these changes,” Commerce Commission Chair Dr Mark Berry said. The Commission will begin targeting contracts in industries that have proven problematic overseas or where complaints have been received in the past, including telecommunications, rental cars, fitness, airline and online trading.

“We are also concerned about loan contracts, particularly those provided by lower-tier finance lenders that can be harsh on vulnerable consumers.”

The Commission will be paying careful attention to terms that limit competition, such as automatic “rollover” or renewal terms and terms that lock consumers into contracts that they wish to exit, preventing them switching to a competitor.

The provisions allow the Commission to seek a declaration from a court that a term in a standard form consumer contract is unfair. While only the Commission can apply for a declaration, any person may file a complaint with the Commission on any contract.

ADLSI has an On Demand webinar on this topic – see www.adls.org.nz/cpd for details.

+ Contract, consumer law

Unfair contract terms

LN


SolicitorEmployment / civil litigation

We have a fantastic opportunity for a solicitor to join our growing Onehunga firm. Our team provides a broad range of legal services to a wide and diverse client base.

We have an immediate vacancy for a dynamic lawyer with 3 – 5 years’ experience in employment and general civil litigation. Work will be varying and challenging.

The successful applicant will be motivated, have exacting standards, strong advocacy skills, and be able to manage a high case load. Effective communication skills and excellent drafting skills are a must.

Our high performance culture offers excellent mentoring, training and development and the opportunity to join a friendly team who enjoy a healthy work life balance.

Please email your application and CV to [email protected]

Initial enquiries welcome, please phone Edwin on 09 634 7740

WILL INQUIRIES LAW NEWSThe no-hassle way to source missing wills for

$80.50 (GST Included)Email to: [email protected]

Post to: Auckland District Law Society Inc.,PO Box 58, Shortland Street, DX CP24001, Auckland 1140

Fax to: 09 309 3726 For enquiries phone: 09 303 5270

+ Wills

Please refer to deeds clerk. Please check your records and advise ADLSI if you hold a will or testamentary disposition for any of the following persons. If you do not reply within three weeks it will be assumed that you do not hold or have never held such a document.

Richard Frederick CAMERON, late of 24B Dudding Avenue, Northcote, Auckland, Company Director, Aged 72 (Died 15’03’2015)

Ross Donald Charles CAMERON, late of 60 Brightside Road, Whangaparaoa, Auckland, Aged 60 (Died 17’02’2015)

Elsie HEKE, late of 25 Tuarangi Road, Grey Lynn, Auckland, Aged 46 (13’01’2008)

Enua Ngaro KIE, late of 11 Forbury Place, Mangere, Auckland, Carpenter, Aged 55 (Died 23’12’2014)

Pale LEONE, late of 14 Bahama Place, Otara, Auckland, Retired, Aged 72 (14’08’2010)

Roger Wayne LIMPUS, late of 46 Ravenwood Drive, Forrest Hill, North Shore, Aged 69 (Died 27’12’2014)

David Ian MARTIN (also known as David Ian TIKENA, David Jan TIKENA and Ian Matini Wiremu TIKENA), late of 4160 Mangakahia Road, Nukutawhiri, Whangarei, Fencer, Aged 74 (Died 23’02’2015)

Numera TA’AVAO, late of 209 Mount Smart Road, Onehunga, Auckland, Forklift Driver, Aged 55 (Died 24’01’2015)

Malcolm Alexandria WATSON, late of 73 Tane Road, Laingholm, Auckland, Retired, Age 75 (Died 12’03’2015)

Jane Frances WRIGHT, late of 26 Crossfield Road, Glendowie, Teacher, Aged 65 (Died 11’03’2015)

Chau Shi YOUNG, late of 18E Ranfurly Road, Epsom Auckland, Aged 75 (Died 17’04’2000)

A room in Eden Chambers After 15 arduous years, our current co-tenant has had enough. It suits us because he still hasn’t watched GoT and actually watched Kill Bill 2 before Kill Bill 1. We just had nothing in common.

Your potential co-tenants: McCartney (William) is a high-functioning Aspergers; Parmenter can be a bit inflexible, although it will help if you put the cups in the dishwasher with the handles facing the same way.

It will assist your application if you do not employ the word “passionate”. Unless it is in relation to the High Court Rules: many a morning tea has been enhanced by a passionate discussion on r.7.39.

Subject to the Human Rights Act, Pastafarians are preferred. Christmas lunches are generally at Waiheke; get in while stocks last.

Call Ray Parmenter 09 377 3425 Eden Chambers – Room Available My favourite chambers colleague is leaving. If I am not to be left alone with the other one, a replacement is required. Desperately. Office is large and airy in Princes Street. Company is mixed.

William McCartney 09 377 5665

Lovegrove, Smith & Cotton lawyers in Australia will accept referrals & agency matters in any

jurisdiction in Australia.

Stephen Smith & Conjoint Professor Kim Lovegrove (www.lsclawyers.com.au

0061 3 96001643) have trans-Tasman admission in Australia & New Zealand.

Four-legged friends who don’t pay legal fees ADLSI...

Documents

Transcript of Four-legged friends who don’t pay legal fees ADLSI...