Is integrated financial reporting the future for New Zealand...

www.adls.org.nzISSUE 13 6 MAY 2016

LAWNEWS

THIS ISSUE:

Is integrated financial reporting the future for New Zealand companies big and small?

Boat mooring marina case follows a “tortuous course”The fight against cancer – leaving a legacy

+ Financial reporting

NEW TRENDS IN FINANCIAL REPORTING – INTEGRATED REPORTING

Continued on page 2

By Craig Fisher, Audit Partner and Chairman of RSM

In an earlier article, I wrote about new trends influencing financial reporting including the concept of Integrated Reporting (see Law News Issue 35, 9 October 2015).

Recently, I was fortunate enough to hear the CEO of the International Integrated Reporting Council, Paul Druckman, and some New Zealand experts speak on this topic at a session kindly hosted by the University of Auckland Business School.

A big part of the challenge with the concept of integrated reporting is trying to get clear on exactly what this is. This was my interest in attending the recent session.

So what is integrated reporting?

To use a quote from Paul Druckman: “Integrated reporting is an attempt at getting businesses to tell their story (or strategy) by addressing six different capitals or stores of value they use to produce goods or services. These are financial, manufactured, intellectual, human, social and relationship, and natural capital. Information about financial and manufactured capital is currently provided by the financial report while information about natural and social capital is conveyed by a sustainability report. However, information about intellectual and human capital is not yet well reported”.

well as charities and NFPs. In fact, being able to report an organisation’s wider value is probably much more important in the public sector and NFP/charity sector where the value they deliver is not easily measured in financial terms.

Why a desire for integrated reporting?

A big driver for integrated reporting is that, especially in capital markets reporting, we have entered the age (as Hillary Clinton recently put it) of “the tyranny of quarterly capitalism”.

However, I find that a bit dense as a definition.

Perhaps, a better way of putting it would be: “An integrated report is an attempt to combine the currently disconnected financial and sustainability data, as well as the (as yet) mostly unreported information about intangible wealth.”

There were some other gems that came out of the presentation, which should be of interest to anyone involved in the challenge of trying to clearly communicate their organisation’s value to its stakeholders. And this applies equally to commercial organisations, public sector, as

The ANZAC Day dawn service at the cenotaph at Auckland’s War Memorial Museum was, as always, a fitting way to remember those who have served our country and given their lives in so doing. This year, ADLSI President Brian Keene QC and Vice-President Joanna Pidgeon were present to pay their tributes

on behalf of ADLSI. They are pictured here with his Honour Judge Charles Blackie (to the left) and the Hon Justice Simon Moore (to the right), who laid wreaths on behalf of the District Court Judges of the Northern

region and the Auckland High Court judiciary respectively.

ISSUE 13, 6 MAY 2016

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

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


NEW TRENDS IN FINANCIAL REPORTING – INTEGRATED REPORTINGContinued from page 1

By this, she meant that far too much focus is placed by big business on making their financial numbers for the next quarterly reporting, often at the expense of “doing the right thing”. Instead, they should also be focusing on a longer term view, and a broader definition of what value a company delivers.

Integrated reporting, in contrast, is trying to clearly explain an organisation’s key drivers – its unique business strategy and what value it delivers, with the important point being that “value” is not just about dollars. It is also about how an organisation touches people – both those that work for it and in the wider community, as well as its impact on the environment, and the wider society in which it operates.

A phrase that really resonated for me was: “Integrated thinking articulated by integrated reporting”. Our organisations are about so much more than just the financial aspects (heresy from an accountant I know … but there you have it!). Anyone who has been involved in running an organisation or in governance and developing strategy knows that it is about juggling a lot of moving and interrelated parts. Yes, the financial result is a key output required to keep the organisation going, but there are lots of other complicated factors that one must take into account for a successful business strategy. So why is it then that so much of our reporting is financial reporting? (Too many accountants, I hear you say!) Perhaps because reporting the other value drivers is not so easy?

Another gem came from Ann Webster (Assistant Auditor General, Research and Development). Ms Webster noted that “the real challenge with integrated reporting is that it forces an organisation to think deeply about value creation, and that takes effort”. She also noted that there is no “one size fits all” model and that the best integrated reports are ones from organisations who are really clear about what they do and how they can articulate their individual value.

Great organisations also understand that they need to keep looking up and out to the horizon rather than just focusing on today, if they are to be truly sustainable in the broadest organisational definition of that word – keep doing what works, keep reinventing yourself where it does not.

If integrated reporting is to be successful it needs to be a user-led discipline, not one that is forced by regulation. It also needs to be unique to the individual organisation. Hence, the thinking is that standards similar to accounting standards would probably just inhibit this from developing.

by regulation. It also needs to be unique to the individual organisation. Hence, the thinking is that standards similar to accounting standards would probably just inhibit this from developing.

However, there was a common view that there is going to need to be some assurance over this information, especially if it is in the capital market arena. Users need to be able to rely on the credibility of the information. The challenge will be for standard-setters in this area – if the assurance standards impose too stringent requirements then this may strangle integrated reporting innovation. An interesting challenge.

Where are the role models?

According to Paul Druckman, unlike our usual leading approach to reporting developments, New Zealand is a bit of a laggard in this area. However, we do have a couple of standout examples in NZ Post and Sanford. I especially recommend a look at the Sanford report as an interesting example (see http://www.sanford.co.nz/investors/reports-1/company-reports/2015/2015-annual-report/).

However, do not be put off by thinking that this is something that only applies to big entities. Integrated reporting can work equally well for a small entity – same thinking, just to scale.

I am looking forward to seeing some New Zealand charities and NFPs lead the way in this area in the next few years. They now have the mandatory requirement to present service performance information and I am sure this will be a fantastic catalyst for innovative Kiwis thinking about how organisations can better tell their stories of the value they deliver and the difference they make through all aspects of their organisation.

Summary

As I have said previously, the ongoing support of key stakeholders is critical to any organisation’s success. Hence, any improvement in communicating effectively and efficiently to those stakeholders is worth considering. Perhaps integrated reporting may be the future for New Zealand …

Craig Fisher FCA is an Audit Partner and Chairman of RSM. Mr Fisher is a specialist regarding not-for-profit and charitable entity issues. He can be contacted by phone on (09) 367 1654, by email at [email protected], or visit RSM’s website www.rsmnz.co.nz. LN

Craig Fisher

Are we going to get standards or other regulation forcing this reporting?

Interestingly the speakers (all experts in their own areas) were unanimous in their response – an unequivocal “no”.

If integrated reporting is to be successful it needs to be a user-led discipline, not one that is forced

Editor: Lisa Clark


ADLSI’s Committees are made up of hardworking members and are regularly consulted by outside agencies and government departments. As such, they make an important contribution to the development of New Zealand law and policy.

The Environment and Resource Management Committee has been hard at work over the last few months, and has continued to keep members abreast of important milestones in the proposed Auckland Unitary Plan process and significant case law developments in the areas of environment and resource management law.

Here, Committee Convenor John Burns picks up on some highlights from a recent visit of Principal Environment Court Judge Newhook to the Committee, and summarises a recent decision of the Environment Court – Re Waiheke Marinas Ltd Application (Decision 2015 EnvC 218).

Visit from Principal Environment Court Judge Newhook

The Committee was pleased to welcome the Principal Environment Court Judge, his Honour Judge Newhook, at its December 2015 meeting.

His Honour updated Committee members on a number of best practice developments being adopted by the Court including:

• increasing use of conferences (by phone, video, or Court room) for case management purposes;

• a wide range of ADR processes, including mediation, facilitated meetings, joint fact finding, reality testing, and independently facilitated expert witness conferences. These are often carried out by the Court’s Commissioners, rather than the judges;

• appointing process advisers to submitters to advise self-represented persons and community groups on matters of process in cases where there is a large number of self-represented parties. This is often the case in “public-interest” litigation and particularly useful where, with the assistance of an adviser, some or all of those parties may agree to coalesce under the banner of a community group;

• encouraging parties who reach agreement to approach the Court with a draft consent order for consideration by a Judge, noting that the Court’s role is to consider the proposal against the purposes and principles of the RMA, not simply “rubber-stamp” it; and

• an increased use of technology, including iPads for hearings and the interactive use of the Court’s website for exchange of evidence and other communications.

The Committee also discussed with the Judge some concerns that had been expressed by members of the profession as a result of its recent decisions in the two Tram Lease cases (Tram Lease Ltd v Auckland Council [2015] NZEnvC 137 and Tram Lease Ltd v Auckland Council [2015] NZEnvC 133), where the Court had questioned the role of expert planning witnesses, and whether it was appropriate for them to express an opinion on the ultimate question which was before the Court.

Judge Newhook advised that a group of practitioners was working on a guidance note as to the responsibilities of planners as witnesses before the Court and this would soon be available.

[Note: The guidance note has now been published, and can be read on the Resource Management Law Association’s website www.rmla.org.nz.]

The Committee appreciates Judge Newhook making the time available to meet with it annually, and the helpful and interesting interchange which takes place each time.

+ Updates from ADLSI’s Environment and Resource Management Law Committee

A round-up of recent developments

Re Waiheke Marinas Ltd Application (Decision 2015 EnvC 218) In this recent decision, the Environment Court declined an application by Waiheke Marinas Ltd (WML) for resource consents to establish a recreational boat mooring marina at Matiatia Bay at the eastern end of Waiheke Island.

At the request of the applicant, the application did not have a Council hearing, but was referred directly to the Court for consideration under section 87D of the Resource Management Act 1991 for a first instance (and only) merits hearing. Section 87D was inserted in the Act by the Resource Management (Simplifying and Streamlining) Act 2009 with the express purpose of speeding up the process for determining significant or complex resource consent applications. However, it is questionable whether that purpose was achieved in this case. The application was lodged in early 2013, and the decision released in 2015. It is unlikely this was any less a time frame than if the application had been heard by the Council at first instance and the Court subsequently on appeal.

As the Court points out, the time the proceedings took was not as a result of the Court process. Even though, in addition to the applicant and the Council, no fewer than 310 submitters lodged notices to participate in the process, the matter proceeded expeditiously to hearing in October 2014. However, on the second to last day of the hearing, the applicant dropped what the presiding judge openly described to the parties as “something of a bomb-shell” by withdrawing a significant part of the application, which sought a reclamation for a carpark. As the Court comments in the decision, this led to a “tortuous course over many months”, which culminated in a further exchange of evidence in respect of a revised proposal and a resumed hearing in July 2015.

One result of a direct referral without a preliminary Council hearing is that the opportunity for a proposal to be modified between the Council hearing and Environment Court hearings in response to matters which arise at the first instance Council hearing is lost. This brings into question whether a direct referral under section 87D actually achieves the purpose intended by the provision.

Also of note is the preface to the decision, which is some 127 pages long, in which the Court “strongly encourages readers of this decision to take time to read it right through” in order to understand how the Court went through the process of weighing what it described as “a basket of highly complex issues” in reaching its ultimate decision.

Following that advice, this case note does not attempt a précis of the rationale for the decision, but rather invites those interested to read it in full. However, an idea of the variety and complexity of the issues the Court had to consider may be obtained from simply listing those matters, which were:• the relevant planning framework;• coastal engineering, marina design and wave/wake assessment

issues;• effects on navigation safety;• landscape and visual issues, natural character and amenity issues;• effects on tourism and recreation; • Māori cultural and historic heritage matters;• traffic/transport;• effects on coastal ecology; and• Part II of the Act.

Having considered all these matters, the Court concluded that its findings about effects on the environment and the relevant provisions of the statutory instruments militated quite strongly against granting consent to the marina when each matter was independently weighed and placed in the mix, despite some support being offered by some aspects, and that to grant consent would not serve the promotion of sustainable management of natural and physical resources, which is the overall purpose of the Act. Consent was declined accordingly. LN

LN


Undoubtedly, everyone reading this will have had their life affected in some way by cancer – whether through a personal brush with the disease, or as a supporter of a friend or family member dealing with it.

In fact, every 24 minutes someone in New Zealand is diagnosed with cancer, with over 21,000 new cancer diagnoses and some 8000 New Zealanders succumbing to the disease every year. And for over 80 years, Cancer Society Auckland Northland has been engaged in the fight against cancer, focusing on three key areas – prevention, supportive care and research.

“I am sometimes asked, ‘Are we winning the fight against cancer?’ This is a complex and difficult question to answer,” said President Nigel Brown in the Cancer Society’s latest annual report. “Sadly there are few magic bullets to be found … While it may not be realistic to hope for a world without cancer, we do see a future where cancer in this country becomes a much more manageable chronic disease.”

And progress is happening – between 1972 and 2011, the ten-year cancer survival rate (across all types of cancer) rose from just 24% to around 57%, thanks to advances made in cancer research. However, there is still a long way to go.

Auckland Cancer Society Research Centre

Cancer Society is New Zealand’s largest independent funder of cancer research, and it plays a vital role in supporting the work of the Auckland Cancer Society Research Centre. Operated jointly by Cancer Society Auckland Northland and the University of Auckland, the Centre’s work focusses on the discovery and development of new drugs for cancer treatment and less invasive and better tolerated treatments, with Cancer Society Auckland Northland contributing over $2.4 million towards this work each year.

Despite its smaller size and funding levels compared to overseas counterparts, the Research Centre’s innovative research contributions are punching well above its weight. With an international reputation as a world-leading anti-cancer drug development laboratory, it has brought a number of new cancer drugs to clinical trial, belying its David-like size in the fight against this Goliath.

+ Law and the community

Cancer … this time it’s personal

What’s ahead in the fight against cancer?

The Society recently held its inaugural Cancer Research Week, giving an insight into the ground-breaking research being done here in New Zealand by the Auckland Cancer Society Research Centre. A highlight of the week’s events was a public lecture entitled “Cancer … this time it’s personal”, given by leading international cancer researcher and academic, Professor Ian Tannock of the Princess Margaret Cancer Centre and the University of Toronto.

The lecture provided a fascinating look at innovative developments such as molecular-targeted therapy (where drugs are developed specifically to attack a certain target), personalised cancer medicine (where treatment is tailored depending on specific genetic markers) and immunotherapy (which seeks to activate the body’s own defences to fight against cancer cells).

However, the cost of cancer treatment is an ongoing problem, with panellists at the lecture noting that the cost of saving a year of life (in many cases) has risen to around $200,000 a year, up from more like $60,000 when they started out. Though still in their infancy, research into new treatments like those discussed at the lecture is giving rise to excitement for what the future may hold, if they can be brought to market cost-effectively.

Working towards a better future

Like other charitable organisations, the work of Cancer Society and the Auckland Cancer Society

Research Centre depends greatly on donations. As Cancer Society does not receive any direct Government funding, its work is enabled by the generosity of donors.

Bequests are the Society’s largest source of funding and remain critical to make ongoing research into potentially game-changing discoveries possible. No matter how large or small, every bequest makes a real difference to people living with cancer.

“The choice to leave a bequest to Cancer Society Auckland Northland can be your legacy – your way to continue this life-saving work,” says CEO of Cancer Society Auckland Northland Division, John Loof.

“I look forward to the day when cancer is nothing more than a temporary setback – an illness that can be treated quickly and easily, and doesn’t cause great pain and heartache. If you share that vision, you can help make it a reality by supporting Cancer Society Auckland Northland by leaving a bequest in your will. No matter how large or small, a bequest from you will create a better future for all New Zealanders touched by cancer.”

www.adls.org.nzISSUE 13 6 MAY 2016

LAWNEWS

THIS ISSUE:

Is integrated financial reporting the future for New Zealand companies big and small?

Boat mooring marina case follows a “tortuous course”The fight against cancer – leaving a legacy


NEW TRENDS IN FINANCIAL REPORTING – INTEGRATED REPORTING

Continued on page 2

By Craig Fisher, Audit Partner and Chairman of RSM

In an earlier article, I previously wrote about new trends influencing financial reporting including the concept of Integrated Reporting (see Law News Issue 35, 9 October 2015).

Recently, I was fortunate enough to hear the CEO of the International Integrated Reporting Council, Paul Druckman, and some New Zealand experts speak on this topic at a session kindly hosted by the University of Auckland Business School.

A big part of the challenge with the concept of integrated reporting is trying to get clear on exactly what this is. This was my interest in attending the recent session.

So what is integrated reporting?

To use a quote from Paul Druckman: “Integrated reporting is an attempt at getting businesses to tell their story (or strategy) by addressing six different capitals or stores of value they use to produce goods or services. These are financial, manufactured, intellectual, human, social and relationship, and natural capital. Information about financial and manufactured capital is currently provided by the financial report while information about natural and social capital is conveyed by a sustainability report. However, information about intellectual and human capital is not yet well reported”.

commercial organisations, public sector, as well as charities and NFPs. In fact, being able to report an organisation’s wider value is probably much more important in the public sector and NFP/charity sector where the value they deliver is not easily measured in financial terms.

Why a desire for integrated reporting?

A big driver for integrated reporting is that, especially in capital markets reporting, we have entered the age (as Hillary Clinton recently put it) of “the tyranny of quarterly capitalism”.

However, I find that a bit dense as a definition.

Perhaps, a better way of putting it would be: “An integrated report is an attempt to combine the currently disconnected financial and sustainability data, as well as the (as yet) mostly unreported information about intangible wealth.”

There were some other gems that came out of the presentation though that helped further clarify. These should be of interest to anyone involved in the challenge of trying to clearly communicate their organisation’s value to its stakeholders. And this applies equally to

The ANZAC Day dawn service at the cenotaph at Auckland’s War Memorial Museum was, as always, a fitting way to remember those who have served our country and given their lives in so doing. This year, ADLSI President Brian Keene QC and Vice-President Joanna Pidgeon were present to pay their tributes

on behalf of ADLSI. They are pictured here with his Honour Judge Charles Blackie (to the left) and the Hon Justice Simon Moore (to the right), who laid wreathes on behalf of the District Court Judges of the

Northern region and the Auckland High Court judiciary respectively.

Online magazine version of now available to subscribers.

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Simply email [email protected] and let us know you’d like to switch your weekly print subscription to online, and we’ll arrange to send you an email every Friday with a link to the latest issue of LAWNEWS.

If you’d like to start a subscription to LAWNEWS, it’s free for ADLSI Members and $133+GST per year for non-members. To enquire about subscribing, email [email protected] or visit www.adls.org.nz/adlsi-store

How will my gift support Cancer Society?

A gift in your will to Cancer Society …

• changes lives for the better by ensuring those going through cancer receive compassionate care and support;

• funds cancer research which helps people with cancer live better and longer; and

• helps reduce preventable cancer through health promotion and education.

LN

For more information or to discuss how you can help Cancer Society, please contact the Society’s Planned Giving coordinator by phoning 09 308 0242, or by sending an email to [email protected]. For cancer information and support, call the Cancer Information Helpline on 0800 CANCER (226 237), or email [email protected].


ADLSI wishes to invite Waikato practitioners and practice managers to be our guests at a special cocktail function in Hamilton on Wednesday 25 May 2016.

The cocktail function will commence at 5.30pm, and is being held at The Verandah Function Centre.

Hosted by ADLSI President Brian Keene QC and CEO Sue Keppel, the evening will be a chance for us to learn more from you about the ways in which ADLSI may be able to provide support to the legal profession in the Waikato.

Time & date: 5.30pm, Wednesday 25 May 2016

Venue: The Verandah Function Centre, Rotoroa Drive, Hamilton

Dress code: Business attire

Register by Friday 20 May 2016 to secure your place, subject to availability. Visit www.adls.org.nz to register online; alternatively, contact us by email at [email protected] or by phone on (09) 303 5287.

+ ADLSI event

Upcoming Hamilton cocktail function, 25 May 2016

+ ADLSI event

Upcoming cocktail function in Tauranga, 26 May 2016

ADLSI will also be hosting a cocktail evening in Tauranga on Thursday 26 May 2016.

Tauranga practitioners and practice managers are invited to this event, which is taking place from 5.30pm at The Tauranga Club.

Again, the evening will be hosted by ADLSI President Brian Keene QC and CEO Sue Keppel, and we would like to learn more from the legal profession in Tauranga about how ADLSI may be able to provide support to it.

Time & date: 5.30pm, Thursday 26 May 2016

Venue: The Tauranga Club, 72 Devonport Road, Tauranga

Dress code: Business attire

Register by Friday 20 May 2016 to secure your place, subject to availability. Visit www.adls.org.nz to register online; alternatively, contact us by email at [email protected] or by phone on (09) 303 5287.

ADLSI, in association with the Waikato University Law Students Association (WULSA), invites interested young lawyers to the launch of the Young Lawyer & Student Buddy Programme in the Waikato, and to consider becoming a mentor to a law student who is about to embark on his or her career in the law.

Mentoring is one of the most significant ways that a young lawyer can help a law student prepare for their entry into the profession. A small time commitment can turn into a very rewarding experience for both mentor and student.

Simply spending as little as an hour together once every month or two for a catch up over coffee can be an instrumental support to students as they face important choices that may influence the rest of their legal career.

If you are interested in participating in this event and becoming a mentor, ADLSI and the WULSA will make contact with you to match you with a

student, who you will then meet on the night over drinks and canapés.

We will also provide you with a brief overview on mentoring, to support you in building your mentoring relationship.

The law students from the WULSA would really appreciate your participation in this initiative.

Time & date: 5.30pm, Tuesday 24 May 2016

Venue: Playhouse Foyer, Gallagher Academy of Performing Arts, University of Waikato, Hamilton

Parking: Gate 2B (opposite May Street)

If you would like to find out more, please contact us by emailing [email protected] or phoning (09) 303 5287 by Friday 20 May 2016.

+ ADLSI event, young lawyers

Waikato Young Lawyer & Student Buddy Programme, 24 May 2016

+ ADLSI Council

Contact details for ADLSI CouncilHere are the contact details for your ADLSI Council. They welcome your queries and suggestions.Brian Keene QC (President) Ph. 09 366 0306 E. [email protected] Pidgeon (Vice-President) Ph. 09 337 0826 E. [email protected] Bouchier Ph. 09 623 1772 E. [email protected]

John Brandts-Giesen Ph. 03 313 4010 E. [email protected] Brannagan E. [email protected] Hagen Ph. 09 309 1689 or 021 452 326 E. [email protected]

Stephanie Nicolson Ph. 09 309 2500 E. [email protected] Roughan Ph. 09 435 2261 E. [email protected] Anne Shanahan Ph. 09 827 6106 or 09 827 2783 E. [email protected]


Author: Barry Allan

The Law of Secured Credit is a major and in-depth treatise on the range of complex and often interrelated areas of law governing secured transactions.

It is the first work to analyse New Zealand’s law of secured credit which brings together property law, real and personal property securities law, consumer credit law, insolvency law and the law of personal guarantees.

Price: $340.00 plus GST ($391.00 incl. GST)*

Price for ADLSI Members: $306.00 plus GST ($351.90 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].

+ New book

The Law of Secured Credit

As readers will be aware, there is a regular practice of photographing people at collegial events and some of those photos are published in Law News and/or in an online newsletter.

If you see a photo of yourself and your colleagues in Law News and you would like a copy of it, please email the Editor at [email protected] and we will be happy to share it with you.

If you are attending such an event and you do not wish to have your photograph taken, please tell the photographer and your request will be respected.

+ Notice

Event photos in ADLSI publications

The ADLSI Commercial Law Committee is preparing a submission on the Incorporated Societies Bill – Exposure Draft.

The Committee invites the comments and suggestions of Law News readers on the significant changes being proposed.

Conveniently , the Bill and all related information is located in one location on the MBIE website – http://www.mbie.govt.nz/info-services/business/business-law/incorporated-societies.

If you wish to contribute to the submission, please contact the Committee Secretary, Ben Thomson, by 4pm, Friday 27 May 2016 at [email protected].

+ Update from ADLSI’s Commercial Law Committee

Inviting contributions to Incorporated Societies Bill submission

LN

A range of offers, available to ADLSI members, from carefully selected suppliers.

Member BenefitsProgramme

To view the latest offers visit www.adls.org.nz

LN

Here at Law News, we strive to deliver a publication that is topical, relevant and accessible, with a healthy mix of legal developments, key issues, cases, events and legal personalities each week.

A big part of what makes Law News what it is are the contributions, letters and other feedback we receive from ADLSI members and our other readers.

I therefore encourage practitioners to get in touch with any thoughts they may have on items that have appeared in these pages via Letters to the Editor, or to submit for consideration opinion pieces, updates on developments in their area of law, or news on what is happening in the profession.

Please send any proposed contributions or Letters to the Editor to [email protected]. I look forward to hearing from you.

+ Notice from the Editor

Contributions welcomed

LN


+ Judicial appointments

Acting District Court Judges appointed

The following letter has been received by Law News from a lawyer in response to reading Auckland lawyer Jim Boyack’s recently published books of poems, Gracing the Wind (as featured in Law News Issues 3 and 8 this year).

“Dear Editor

I arrived at work this morning after ten days away to find Jim Boyack’s beautiful book which I have just been reading.

I am essentially ignorant when it comes to poetry, but what I see here is a way of saying things which gives me cause to ask, how is it that words can be used so powerfully and beautifully to express original thought and true feelings? These poems are evocative and lyrical. They make me feel good, even if some of what is said is sad or if the writer speaks of things that are unsatisfactory.

Like everyone, I have struggled with the human condition and the meaning of it all. I know about the law of impermanence and the fruitlessness of chasing material wealth. I have come to grips with a few things. But I am still hard on myself. I am annoyed that I have not been creative enough. I like to write stuff too but never get round to it.

After nearly 60 years (I’m a slow learner) I am learning to appreciate little things, important things. And I appreciate this book, I will keep reading it.

[from a lawyer and reader of Jim Boyack’s Gracing the Wind]”

+ Letter to the Editor

Musing on law, poetry and life

Three new Acting District Court Judges have been appointed.

Kevin Kelly of Wellington has been appointed an Acting District Court Judge in Wellington.

Mr Kelly has been Deputy Secretary Treaty and Director Office of Treaty Settlements at the Ministry of Justice since 2012. From 2009 to 2012 he held senior legal positions within the New Zealand Police, including Chief Legal Advisor. He previously held senior positions within Land Information NZ, the Ministry of Economic Development, the State Services Commission and the Ministry of Agriculture and Fisheries.

Judge Kelly has also been appointed as chairperson of the Alcohol Regulatory and Licensing Authority. He will be sworn in on 24 May 2016 in Wellington.

Whanganui Crown Solicitor Lance Rowe has been appointed an Acting District Court Judge with a jury warrant to be based in Palmerston North.

Mr Rowe was appointed Crown Solicitor for Whanganui in 2008 and has prosecuted numerous jury trials and cases in the District Court and High Court. Prior to 2008 he practised primarily as a criminal defence trial lawyer.

Mr Rowe is chairperson of the Life to the Max Trust, a programme which engages with children and their families to prevent offending in the Whanganui community. Judge Rowe will be sworn in on 9 June 2016 in Whanganui.

Auckland barrister Alan Goodwin has been appointed an Acting District Court Judge with a Family Court warrant to be based in Manukau.

Mr Goodwin was a solicitor in London, practising in family law, housing law and serious crime. He immigrated to New Zealand in 1994 and has since practised exclusively in family law. Mr Goodwin is a barrister sole based at Eden Street Chambers. He was previously a managing partner at Corban Revell Lawyers in Auckland.

Mr Goodwin is also a Family Dispute Resolution approved mediator and a private mediator. Judge Goodwin will be sworn in on 21 June 2016 in Auckland.

ADLSI is continuing its successful Lawyers’ Lunch series for 2016. Held regularly across Auckland, these lunches offer lawyers the opportunity to meet and network with fellow practitioners in their local area.

We have a Lawyers’ Lunch coming up in Henderson on Tuesday 17 May 2016 at The Falls. Practitioners from across West Auckland are invited to join us for a relaxed lunch and enjoy a short presentation by ADLSI and Lawyers’ Lunch sponsor Legal Personnel.

The lunch will be $24.95 (incl. GST) from a set menu, and we are pleased to offer ADLSI members an exclusive Lawyers’ Lunch rate of $14.95 (incl. GST). Numbers are limited, so register now to avoid missing out.

Time & date: 12.30-2pm, Tuesday 17 May 2016Venue: The Falls, 22 Alderman Dr, Henderson

+ ADLSI event

West Auckland Lawyers’ LunchRegistration: $13.00 + GST ($14.95 incl. GST) per person for ADLSI members; $21.70 + GST ($24.95 incl. GST) per person for non- members.

Register before 6 May 2016 to secure your spot, subject to availability. Visit www.adls.org.nz to register and pay online; alternatively, contact [email protected] or 09 303 5287.

ADLSI’s standard cancellation policy applies for this event.

ADLSI West Auckland Lawyers’ Lunch is sponsored by Legal Personnel.

Gracing the WindPoems 1966-2016

Jim Boyack

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

Featured CPD

Wednesday 25 May 2016 12pm – 1pm

1 CPD HOUR

A Future Beyond the Law: Retirement and Succession Planning for LawyersEffective planning for retirement can be challenging for lawyers. Many struggle to transition into a secure, fulfilled and purposeful life when their careers draw to a close. This broadcast seeks to provide guidance on securing a successful exit from legal practice. It will also address frequently overlooked intangible aspects of succession-planning.

Learning Outcomes:• Gain insights from those who have assisted practitioners in navigating exits from small firms and sole practices.

• Learn key factors to prepare and plan for in relation to retirement and succession planning.

• Recognise intangible factors that require addressing in order to secure a purposeful life beyond the practice of law.

Who should attend?All lawyers in established careers (particularly partners in small firms and sole practitioners) seeking pathways for transitioning out of full-time practice as a partner or principal.

Presenters: Emily Morrow, Executive Consultant; John Clark, Consultant, Mentor and Author

Interviewed by: Liz Gunn, Broadcaster and Journalist

Wednesday 18 May 2016 12pm – 1pm

1 CPD HOUR

Online Visa Applications: Practical Tips for the Best OutcomesIt is vital to learn how to maximise the opportunities online visa application offers, especially as it will become the norm in the future. This webinar, presented by an immigration lawyer and an Immigration New Zealand manager, will provide insights and practical tips on how to make best use of the online tools.

Learning Outcomes:• Become more familiar with the online application process itself and how to use the facility more efficiently.• Understand better the expectations of Immigration New Zealand when dealing with online visa applications and how to make the process as seamless as possible from their point of view, and also the changes and developments likely to occur shortly. • Gain insights into how best to add value for clients when making online applications on their behalf.• Receive best practice tips on making applications including login protocols and dealing with documents.

Who should attend?Immigration lawyers and general practitioners wanting to learn more about the use of the facility in practice. Immigration advisors will also benefit from attending.

Presenters: Corisha Hitchcock, Immigration Manager, Visa Service, Immigration New Zealand, MBIE; Michael Kim, Principal, MK Law Barristers and Solicitors

Cradle to Grave Conference 2016 – 6.75 CPD hrs: Final noticeIncludes content on the post-Clayton legal landscapeThe Cradle to Grave Conference 2016 provides an exciting range of topics highly relevant to general practitioners, as well as trust, property and family law specialists. Providing practical insights into a number of topical issues, there will be much to learn from the highly respected presenters in the 6.75 CPD hours.

Presenters: Anthony Grant, Barrister, Radcliffe Chambers; Professor Charles Rickett, Dean of Law, AUT; Juliet Moses, Partner, TGT Legal; Rick Shera, Partner, Lowndes Jordan; Sandra Grant, Barrister, Shortland Chambers; Tammy McLeod, Director, Davenports Harbour Lawyers; Denham Martin, Lawyer; Chris Kelly (Auckland session), Consultant, Greg Kelly Law Ltd; Greg Kelly (Christchurch session), Principal, Greg Kelly Law Ltd; Sonja Clapham, Barrister, Shortland Chambers; Brian Carter, Barrister, Bastion Chambers

Chair: Bill Patterson, Partner, Patterson Hopkins

Proudly sponsored by: Avis | LexisNexis | Ryman Healthcare

Monday 9 May 2016 Auckland

Thursday 12 May 2016 Christchurch

8.45am – 5pm

Tuesday 14 June 2016 4pm – 6.15pm

2 CPD HOURS

Summary Judgment Toolkit Often perceived as a fast-track procedure, summary judgment does provide such an opportunity but sometimes with challenges and at a substantial cost. Providing both judicial insights and those of counsel, this seminar will address the application process, the need for sufficient evidence, the relevant legal tests and key case law, how to respond to an application, strategic considerations including alternative approaches, best practice and costs. Upgrade your toolkit to improve your practice in this unique area. Learning Outcomes:• Benefit from the experiences of a judge and solicitor, both very familiar with the summary judgement procedure.• Become more familiar with the parameters of, and with drafting the relevant documents for, summary judgement.• Receive guidance on best practice to enhance your effectiveness when advising and representing clients in this area.

Who should attend?Litigators at junior to intermediate level or those seeking a refresher on this topic.

Presenters: Her Honour Judge Sharp; Mark Broad, Senior Associate, Kensington Swan; Chair: Maxine Pitch, Barrister & Solicitor

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

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

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

Featured CPD

CPD in Brief

Commercial Law Series: Limited Partnerships – Unlimited Potential? – 2 CPD hrs Tuesday 21 June 2016, 4pm – 6.15pmIn effect for 8 years by the date of this seminar, the Limited Partnerships Act 2008 provides commercial clients with another option for structuring an entity – but its suitability in each situation should be well considered in advance. This seminar will cover key topics from the legal and financial perspectives.

Presenters: Jeremy Muir, Partner, Minter Ellison Rudd Watts; Andrew Ryan, Partner, Minter Ellison Rudd Watts

Chair: Andrew Lewis, Principal, Andrew Lewis Law

Construction Disputes: Dispute Resolution, Risk Management and Product Liability – 2 CPD hrs Tuesday 28 June 2016, 4pm – 6.15pm

Given that construction disputes vary greatly in complexity and scale, understanding which dispute resolution option will achieve the best result for your client is therefore extremely important. So too is being able to minimise the risks of a dispute arising in the first place. This seminar will provide guidance for practitioners in respect of both these aspects of construction law plus as look at the current issue of product liability in this context.

Presenters: John Walton, Barrister, Bankside Chambers; Nick Gillies, Partner, Hesketh Henry; Trina Lincoln, Commercial Legal and Risk Manager, Hawkins Construction; Adina Thorn, Principal, Adina Thorn Lawyers Limited

Chair: Geoff Hardy, Principal, Madison Hardy

Coffee Doesn’t Scale! How Lawyers Can Use Digital Marketing to Win New Clients – 1 CPD hr Wednesday 27 July 2016, 12pm – 1pmIf you think digital marketing isn’t for lawyers, or you think you’re using it effectively, you would benefit from attending this webinar. More details coming soon.

Presenters: Andrew Simmonds, Partner, Simmonds Stewart; Victoria Stewart, CEO, Simmonds Stewart

CPD On Demand

A ‘Capital Idea’ – Getting to Grips with the New Residential Land Tax Rules – 1 CPD hrTaxing the gains from property speculation as a mechanism to cool down the overheated Auckland property market is a significant Government initiative with proposed new “bright-line” tax rules which took effect on 1 October 2015. This On Demand webinar provides a useful guide.

Presenter: Denham Martin, Lawyer

Research Skills for Lawyers II: Best sources of free legal information – techniques and tips for using them – 1 CPD hrThe Internet offers lawyers a wealth of free legal sites, a steady flow of news feeds and updates, and endless information relevant to client files of every description. However, the Internet can also expose the unwary researcher to a minefield of mis- and dis-information. This On Demand webinar will arm you with resources and disciplines to help you get the most out of the best free resources.

Presenters: Therese Duffin, National Information Services Manager, Bell Gully; Amanda Wall, Research and Information Librarian, Bell Gully

Where There’s No Will There’s A Way: Intestacy Refresher – 1 CPD hrNot everyone makes a will. This recorded On Demand webinar will update you on what to do if one of your clients dies intestate or partially intestate.

Presenters: Greg Muller, Partner, Smith & Partners; Tamara Barker, Senior Relationship Adviser, Public Trust

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/.









Earn Airpoints Dollars™ on this CPD purchase*Terms and conditions apply, for full details visit adls.org.nz.

THE INTERFACE BETWEEN TRUST, PROPERTY AND FAMILY LAW

CRADLE TO GRAVE CONFERENCE 2016AUCKLAND MONDAY 9 MAY 2016, CHRISTCHURCH THURSDAY 12 MAY 2016

REGISTER NOW: ONLINE ADLS.ORG.NZ/CPD PHONE 09 303 5278 EMAIL [email protected] FAX 09 309 3726

6.75 CPD HRS

*ADLSI members and non-member lawyers who have registered their Airpoints membership details with ADLSI can earn Airpoints Dollars™ on ADLSI CPD purchases.

ZADLS0020 C2G Law News Footer_194x39mm_AW_2.indd 1 21/04/16 1:41 pm



On Demand



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• Stationery• Furniture• Paper• Technology• Ink & Toner• Café & Catering• Mailing & Packaging• Hygiene & Cleaning• First Aid & Safety

Freedelivery on orders over $50 excluding GST.*

Order by 5 Pmand receive next business day delivery.*

PRICE MATCHPROMISE

We match competitor's prices.*

Email: [email protected] to open an account or link your existing OfficeMax account to this offer.

* Conditions apply, see www.officemax.co.nz for details.

Additional savings for ADLSI members, without having to shop all over town

The Criminal Procedure Act 2011 changed how name suppression is granted and the numbers of defendants receiving permanent name suppression have now halved. A key change was raising the threshold for a defendant to gain suppression from “undue hardship” to “extreme hardship”.

In 2011, 640 people received permanent name suppression in the High Court and District Courts. By mid-2015, the number had dropped to 317. The number of defendants receiving interim name suppression has remained relatively static, with 1232 in 2011 falling slightly to 1191 in 2015.

“New Zealanders made it clear they thought too many people were getting permanent name suppression. At the same time there are legitimate circumstances where a defendant’s name needs to be suppressed such as to protect the victims or ensure a fair trial,” said Justice Minister Amy Adams. “The law as it is now framed appears to be striking a better balance between the interests of the parties involved and the public’s right to know.”

However, ADLSI Criminal Law Committee Convenor, Marie Dyhrberg QC, has a different view. Ms Dyhrberg considers that threshold change has meant it is now much more difficult to get name suppression, even when there may be good reason for it.

“For lawyers and clients, you’re almost at the stage of, ‘What’s the point?’ Why bother even trying? It is so hard and so high a threshold very few people are getting it.”

“Ultimately, of course, it’s up to the client to go ahead with that application, but when you almost have no chance of succeeding, then the risk of drawing attention to your case means that by doing the application … the chance of being published is enhanced. I find most clients say ‘I don’t want to take that risk’.”

+ Criminal law, courts

Name suppression

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Property Disputes?The Property Disputes Committee provides a simple, low cost process for resolving legal issues regarding property involving lawyers.

The Committee members are all ADLSI practitioners who have a wide range of experience. The Committee guidelines can be viewed at www.adls.org.nz and set out the application procedure. Practitioners are asked to check the guidelines to ensure the Committee is the appropriate forum for their dispute.

For further information please contact Ben Thomson on (09) 306 3994.


For SaleMount Maunganui PracticeA thriving long established Law practice operated by a sole practitioner wishing to retire.Mainly property but also commercial, Trusts and Estates.Ideal opportunity for:• One or two practitioners wishing to operate their own practice and enjoy the Mount lifestyle;• Foralargerfirmwishingtoexpandits client base;• For a firm seeking a presence in booming Mount Maunganui.All enquiries to:Attention: Chris MerliniPost: c/- PO Box 58 Shortland Street DX CP24001 AUCKLAND 1140Email: [email protected]

Trusted practice management software for NZ lawyersEasy to learn, easy to use. Save time and increase profits. That’s what users say!

New: Document management & Internet banking. Free installation and training. Visit our website for testimonials from firms just like yours.

www.jpartner.co.nz [email protected] 09 445 4476 JPartner Systems Ltd

Insolvency is our Specialty ...and Litigation Support too!John, Paul, Matt and Simon have decades of experience in Insolvency and Litigation Support. For expert and impartial advice on Restructures Liquidations, Receiverships, Share Valuations, Fraud Analysis and Expert Witness work, call the team at Gerry Rea Partners.

Tel 0800 343 343 · Fax 09 377 3098 · www.gerryrea.co.nz

Licensed Private Investigators and Process Servers.

We are a leading Investigation and Processing company providing

a national and international service to NZ Law Practice

for more than 25 years.

Phone: 09 827 0096 Fax: 09 827 0226

email: [email protected]

Settling International Commercial Disputes

TPP, WTO, Diplomacy and More 2 June 2016, 9.00am – 1.00pm

An essential event for lawyers needing to advise clients about resolving international disputes

Offered in association with the International Chamber of Commerce

Sponsored by Simpson Grierson

For more information and to register:

www.aminz.org.nz or call 0800 426 469

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

+ WillsPlease 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.Victoria Beatrice BARRON, Late of Waimarie Rest Home, 9 Waiatarua Road, Remuera, Auckland, Retired, Aged 62 (Died 08’03’16)Jelena BOJOVIC-DERRICK, Late of 12B Victoria Avenue, Remuera, Auckland, Aged 45 (Died 25’02’16)Johannes (John) BUITER, Late of 5 Sunnyside Crescent, Papatoetoe, Auckland, Retired Beneficiary, Aged 63 (Died 10’04’16)Ming Kit LAI, Late of 4/83 Symonds Street, Royal Oak, Auckland, Retired, Aged 76 (Died 09’04’16)Donna Maree RHODES, Late of 18 Cedar Heights Avenue, Massey, Auckland, Housewife, Aged 52 (Died 10’10’15)David Joseph TATANA, Late of 3 Solo Place, Manurewa, Auckland, Private Investigator, Aged 58 (Died 04’01’16)

Book your next meeting at Chancery ChambersLet Chancery Chambers look after your next event.

With four distinct meeting rooms suitable for planning sessions, board meetings, lectures and workshops, we’ve got you covered.

Located in the heart of Auckland CBD’s legal district, in a heritage building, Chancery Chambers has a dedicated floor for meeting rooms, supported by an

experienced venue co-ordinator to ensure your event runs smoothly. Full catering services and equipment hire are available.

Discounted rates are available for ADLSI members, upon enquiry.

For further information visit our website www.adls.org.nz or contact us to discuss your requirements on

(09) 303 5270 or email [email protected].


ADLSI, in association with the Auckland University Law Students Society (AULSS) and the Waikato University Law Students’ Association (WULSA) is running a Work Experience programme for 4th and 5th year law students. The programme aims to connect 4th and 5th year law students from the University of Auckland and the University of Waikato seeking volunteer or part-time, paid work experience, with Auckland and Waikato-based law firms offering such opportunities.

WANT ED

Work experience opportunities

for 4th and 5th year law students

INDEPENDENT VOICE OF LAW

AUCKLAND UNIVERSITY LAW STUDENTS SOCIETYIN ASSOCIATION WITH NZLSA

The programme also provides law firms with an opportunity to work with those students they may select, to help the firm with tasks that may require some additional assistance.If you or your firm is able to offer a part-time paid or volunteer work experience opportunity to a 4th or 5th year law student, you will be able to post the details free of charge on the ADLSI noticeboard at www.adls.org.nz.For more information on the work experience programme, please contact ADLSI on (09) 303 5270 or email [email protected] Terms and conditions apply, for full details please visit adls.org.nz

PROGRAMME AVAILABLE IN

THE WAIKATO REGION, MID-M

AY

ZADLS0008 Law News Advert_136x190mm_AW_3.indd 2 3/05/16 11:20 am

Property / Private Client Partner ‧ PartnershipOpportunity ‧ Mid-sizedAucklandfirminShortlandStreetofficesWearea fullservice lawfirmwithaproudheritageandastrong, loyaland growing client base. The firm has highly developed businesssystemsandexperienced legal teamscoveringproperty,business law,employment,litigationanddisputeresolution.JacksonRussellprovidesabespoke,Partner-ledservicetoclientsandhasanexceptionalteamandcollaborative culture.OurPartnersaretalentedandcommittedprofessionalswhoenjoyfindingsolutions and helping people. We are progressive, business oriented and committedtothefirm’scontinuingdevelopment.We have an outstanding opportunity for a leadership role within the PropertyandPersonalClientTeam.You: ‧ aleaderwithgreatpeopleskillsandanabilitytofosterstrong relationships; ‧ abletogiveandgaintherespectoftheteamandclientsalike; ‧ strongbusinessdevelopmentskills; ‧ enjoy life, helping people and have a great sense of humour.Inreturn,weofferarealpartnershipopportunity;astrongcommitment tothefutureandasocialculturethatisfun,flexibleandgenuinely family friendly.

www.jacksonrussell.co.nz

Forover170yearsJacksonRussellhasbeenhelpingNewZealandbusinesses, institutions, families and individuals to develop, to succeed and to rest assured that their legal matters are in very good hands.

For a confidential discussion or more information about this opportunity, please contact Janet Lee Martin at [email protected] or phone 09 300 6921.

All applications will be treated in confidence.

Straight to the point, we are seeking to admit a New Partner who has general practice skills with emphasis on commercial and residential property, businesses, trusts, companies, and the like.We are a three partner well respected practice, established for over 35 years, and located on the edge of Auckland City. We have top quality loyal clients. Common sense and compatibility essential. Some client transfer can be accommodated.If you want a change for the better, please contact our practice manager Philippaincompleteconfidencebyemailto: [email protected]:POBox6829,Auckland1141

Employment Law Solicitor (Associate level or similar)SBM Legal is one of the pre-eminent employment law practices in the country, with an outstanding client base, top quality partners and staff and a culture that successfully blends excellence and work/life balance.

We are looking for a talented employment lawyer to join our expanding team. The successful applicant will need at least 3 years’ employment law experience, be confident in front of clients and have excellent writing and strong advocacy skills.

The team at SBM is engaged in a wide cross section of employment related work and a high level of client contact is assured. The successful candidate may also have the opportunity to become involved in sport and/or medico legal litigation.

If you are interested in joining us, please email our Office Manager, Deborah Jensen, at [email protected], or write to PO Box 7120, Wellesley St, Auckland 1141.

SBM Legal

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