Canterbury tales

Canterbury Westland Branch New Zealand Law Society June 2014, Vol. 20, No. 5

Canterbury tales

Bringing justice to NiueA group of Christchurch lawyers areworking to give some of our SouthPacific neighbours the same basicrights we all take for granted. AlizaEveleigh talks about the NiueAccess to Justice Project

Every year, thousands of New Zealanders travelto the Pacific Islands for rest and relaxation, tobask in the friendly, laid-back, slower-pacedlifestyle, to grab some rejuvenating beach timein the middle of a Kiwi winter.While Christchurch barrister Aliza Eveleighcertainly experienced “a wonderful calm placewith the most generous, welcoming people”when she fell in love with Niue on her first visita few years ago, she was not there as a touristtending to her own needs.Instead, she was there, and has continued toregularly visit since, to help those friendlypeople with their unmet needs. And now she’spart of a team that’s launched an ambitiousproject that will broaden such help and seeksto make it even more effective and sustainablelong-term.“I adore giving people peace of mind thatsomeone is listening and helping them,” saysEveleigh, a vivacious, intelligent young womanwho has been practising law in Christchurchfor seven years. Her passion bubbles throughas she speaks of Niue, colloquially known as‘The Rock of Polynesia’ thanks to the limestonecliffs, chasms, and caves gilding its coast (ratherthan the more typical South Pacific palm-fringedsandy beaches).“It’s the best-kept secret in the Pacific,” saysEveleigh. “It’s virtually untouched by corporatetourism. There is one resort, which isspectacular, but other than that it is traditional

Niue with laid-back island style. What we aredoing is trying to give this wonderful countrythe same rights as we all expect are a giventhese days, the right to legal advice andrepresentation.”Eveleigh and fellow Canterbury legal eaglePhillip Allan first visited the tiny island, theworld’s smallest independent nation — 100square miles of land area, with a population ofaround 1,600 people — while working inchambers with barrister Michael Starling.Starling and Gerard McCoy QC had beenvolunteering in Niue on a case-by-case basisas most Niueans “had no access to legal advicewhatsoever”, thanks to a lack of resources.Eveleigh stresses that the legal challenges facedby Niueans are not due to a poorly designedlegal system or any issues created by theGovernment, as can be the case in some othernations, but largely come down to resources,and a lack of lawyers.Without the Christchurch volunteers, only thevery few Niueans who could afford to pay anoverseas lawyer to travel there would have anyaccess to legal advice. “A system of ‘advocates’has cropped up to assist some people, but thereality is they have no formal legal training andcan do very little,” says Eveleigh.

Initially, Eveleigh and Allan were shocked bythe access to justice situation for the people ofNiue.“It is so easy to believe that every neighbouringcountry has the basic rights that we do. It issimply not the case in Niue. On arrest thepeople of Niue have no one to call for advice.There is no option ‘to speak to a lawyer’ priorto giving a statement unless you are wealthy,or to have representation in a criminal trial.”A number of Niueans are simple people onlow incomes, who work two or three jobs tomake ends meet, l iving in basicaccommodations, notes Eveleigh. So the costof a lawyer, if a local gets caught up in thejustice system, is far beyond their means.

By Craig Sisterson

Continued Page 3

Aliza Eveleigh, centre back, and Phillip Allan with Niuean friends.

The Council of the New ZealandLaw Society Canterbury WestlandBranch records with regret thedeaths of Mervyn Glue (27.5.14)and Sir Alan Holland (3.6.14).

Death noticesCongratulations to Christchurchlawyers Pru Steven and PeterWhiteside on their appointments asQueen’s Counsel, announced earlierthis month by Attorney -GeneralChristopher Finlayson.

Congratulations

Canterbury tales2 Canterbury tales2

President’s ColumnVino FinoPhoto Caption

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

“Don’t look but I think that might be SamNeill, checking us out for his next movie.

Do you think this is my better side?”

Each month we have a photo captioncompetition where we invite you to submit acaption. The winner will receive two bottles ofwine sponsored by Vino Fino (www.vinifinoco.nz,188 Durham Street).Send your entry to the Canterbury WestlandBranch New Zealand Law Society, P. O. Box565, Christchurch. Or email to canterbury-westland@lawsociety.org.nz. All entries must bereceived by July 9 2014. The winner will beannounced in the next edition of CanterburyTales.

Dear Colleagues,

Mervyn Glue passed away on 27 May 2014.Unfortunately for many he had retired frompractising some years earlier. This meant thatmany recent additions to the Criminal Bar atChristchurch lost the chance to observe thisremarkable man.Mervyn Glue was a character, an actor, afaultless orator and a consummate Courtlawyer. Above all he influenced the practice ofadvocacy in Christchurch for many decades.Some said that the best post-academiceducation was to observe Mervyn Glue in fullflight.Mervyn did not seek pretentious clients. To himthe man in the street required the sameenthusiastic verbal performance as the man inthe white shirt. Mervyn had a way of addingcolour and humour to almost every submission.It was always imagined that Mervyn treated theJury Court jurisdictions as his stage. ThereMervyn had a full house to entertain withpersuasive oratory and a refined use oflanguage delivered in typical Rumpole style.Jurors were never known to nod off onceMervyn Glue got to his feet.Mervyn is probably best remembered by manyyoung practitioners at the time as the veryhelpful “go-to” person at the Bar. Mervyn wouldbe unfailing in his kindness when helping orgiving corrective advice to young lawyers. It isintended that a special Court sitting inChristchurch will be held to mark Mervyn’scontribution to the profession.Two of our colleagues deserve our specialcongratulations. They are Peter Whiteside andPru Steven whose names have been appointedas QCs. Both have made a substantialcontribution to the profession in Canterbury andto the law generally.It was a refreshing turn of events that restoredthe proper recognition to members of ourprofession who needed their excellence in lawpublicly and properly recognised.It is time again for local awards:Judge Farish — Best interpretation of adifficult script. Her Honour was the presidingjudge in the number one list Court. In themorning she was dealing with a young manwho had decided to send photos of his scarybits via his cell phone.The recipients of these photos were personsrandomly selected from the TradeMe website.Not many seemed to have been impressed inthe way he had anticipated and his appearancein Court was the result.Her Honour in sentencing the young man said“if you want to expose your genitals to otherpeople you should do so in the privacy of yourown home”.The duty lawyers attending Court returned lateto resume their duties after the middayadjournment. This was much to the concern

of Pat Butler (that noble being, who is theguardian of legal services to the masses). Whatlater became apparent was that most of themhad simply popped home for a quick lunch.Bonnie-Blue Bownes — For best “ad lib” line.Bonnie was Madam Registrar in a Jury Courtwhich was dealing with a case of a sexualnature. Because the report of the doctor whoexamined the victim was not questioned, it wasagreed the registrar should simply read thereport to the jury.The line was supposed to read, “I examinedthe victim with a colposcope”. But what wasactually read to the Court was, “I examined thevictim with a kaleidoscope”.The conclusion of the report was that theexamination proved unremarkable. Probablythe doctor had simply been dazzled.Until next time.

Colin Eason

Compass

Who will buy your business?

Do you want to grow your business?

Canterbury tales 3

Bringing justice to NiueFollowing that first visit to Niue (and after theCanterbury earthquakes), Eveleigh and Allanestablished Durham Chambers and“committed immediately to going to Niue forevery court sitting”, on a voluntary basis, toensure that at least some people had adviceand representation.Linda Drummond, Barrister, has now joinedthem in this endeavor. “The legal system isdaunting at the best of times,” says Eveleigh,“and in Niue where most people have limitedknowledge or understanding of the courtprocess, it can be terrifying.”But while the Christchurch volunteers havehelped ease that worries for some Niueans,there have been limits to what they can do.“The legal volunteers have made a significantdifference in the criminal jurisdiction,” saysEveleigh. “There have been a number ofcriminal trials that have correctly concluded witha not guilty verdict because the defendant hadrepresentation. Without it, these people wouldhave been found guilty.”The volunteers have also looked to bringstructure to the process for family and land lawmatters, enabling the Niuean courts to runmore efficiently. Part of the Niue Access toJustice Project involves work and training toalleviate issues caused by unmeritorious claims.One of the key drivers behind the Niue Accessto Justice Project, which seeks to significantlyup the ante in terms of helping the local peoplewith legal issues, was the way the issue ofconflict limited what the current legal volunteerscould achieve during their visits. “It has createda ‘first come first served’ legal representationbubble,” explains Eveleigh.Due to the limited amount of volunteers, “theside that contacts us first is able to haverepresentation, the other side cannot.” Instead,the Project will ensure that every Niuean canhave such access, with the creation of apurpose-built free legal advice service centre,staffed by Niueans trained by the Project, alongwith a number of other resources, tools, andservices.The help the volunteers have been able to giveNiueans thus far has also been constrained bythe limited time they have on the island, andthe costs involved (the volunteers have all beenfunding their own visits), which has made ithard for them to progress broader ways to helpthe locals beyond representing individuals incourt.Eveleigh explains that the Project will establishcharitable trusts in both Niue and New Zealandto fundraise for and finance a number ofexciting goals, tools, and programmes that willassist with Niue’s access to justice situation.Longstanding Christchurch law firm Lane Neavehas come to the party to help with the trusts,and Lane Neave partner Gerard Dale is joiningEveleigh and Allan as New Zealand trustee.

Based now in Niue, former Wellington MayorMark Blumsky is the Niue trustee.It is a big undertaking, but talking to Eveleigh,her enthusiasm, excitement, and passion forthe ways in which the Project could help thepeople of Niue is palpable.“The Village Councils and Governmentrepresentatives we have met thus far have beenimmensely supportive,” she says. “We have hadgreat feedback and they have provided us ideasand support we would have never thought of.It is going to be a real pleasure working withthem.”While the scale of what the Project is lookingto do has expanded, in the end it goes back toher very first thoughts following Eveleigh’s firstvisit, where she fell in love with the island, andits people.She just wants to help those in need, and bringsome peace of mind to paradise.

This article was first published in Latitudemagazine.

Continued from Page 1

Above, a beach on Niue and, below, Aliza Eveleigh, Linda Drummond and PamelaFalani.

Canterbury tales2 Canterbury tales4

Free money and planning

June 30th each year is a key date ifyou want to access the ‘free money’that is available through KiwiSaverand member tax credits (MTC).

In recent times I’ve noticed that there is arelatively good KiwiSaver uptake amongstyounger members of the legal fraternity. Theyknow who their provider is and what portfoliothey are in. However, there are still a number ofpartners and members of partners’ families whoare not receiving the full benefit they may beentitled too.This is not surprising, as a recent report by AMPsuggested that 41% of workers are unawareof the availability of up to $520 per annum(p.a.) through KiwiSaver and 68% are unawareof how much they need to contribute to receivetheir full entitlement.What to do now?If you haven’t joined KiwiSaver yet, then getdown to the bank before June 30th and signup. If you are not “employed”, e.g. an unpaidhomemaker or self-employed (e.g. a partner)and you contribute $1,040 p.a. ($87 permonth) to KiwiSaver you will receive $520 freemoney.If you are employed, notify your pay officer thisweek requesting KiwiSaver deductionscommence from your pay ASAP and you willbe making a great decision for your future andeligible for your full entitlement next year.If you already are a KiwiSaver member andhave not contributed $1,040 over the last 12months then make a voluntary contribution totop-up. It might be worth thinking about doing

the same for any children or grandchildren whoare 18 or older. Why do I say do it this weekwhen below I am going to contradict myself?Well, over the last year I have spoken to manywho have been meaning to join KiwiSaver sinceJuly 2007 and by not doing so have missedout on $6,500 of free money and the returnearned on it! Don’t get bogged down onManager and portfolio selection at this stage.Just join and then review later as you developyour plan.The most important thing, however, is to plan.While I believe KiwiSaver is great for NewZealanders, all too often we hear of peoplewho succumb to advertisements andpromotions to buy investments without havinga plan or strategy. “Should I buy Mighty RiverPower or Meridian?” “Is it a good time to buyAustralian shares now?” “Should I buy a sectionin the property development my client is

By Andrew NuttallDirector, Bradley Nuttall LtdPhone 364-9119

involved with?” It is easy to get hijacked bypromotions from marketers, stories and articlesin the media or the latest Fund Manager of theYear. The answers to these sorts of questionsshould be determined by your plan. (Seediaqram above).Take the time to diagnose and craft a well-designed plan long before you worry aboutabovewhat products you are going to use toimplement that plan. Use the same processyou would if you were to build a house; don’tbuy the roofing material until you have designedthe house. What matters most is what yourplan says.

Andrew Nuttall is an authorised financialadviser. His disclosure statement is free andavailable on request. This article is of ageneral nature and is not personalisedadvice.

JOHN F BURNLLB, AIAMA, ANZIM

MEDIATOR

PH 355 8079, MOB 021 257 4629, email johnfburn@yahoo.co.nz103 RUGBY STREET, MERIVALE, CHRISTCHURCH

John F Burn has returned to live permanently in Christchurch, having practised as a barrister sole here for 12 years, and latterly for 23 years at the Sydney Bar. He is available for mediations (not arbitrations) in Christchurch and districts.John is an Associate of the Institute of Arbitrators and Mediators of Australia, and was appointed as a mediator to the Supreme Court of New South Wales for some years.John is an Associate of the New Zealand Institute of Management and was, for nine years, a Christchurch City Councillor. He offers mediation in all classes of dispute for a fee to be negotiated with regard to the amount in issue.Enquiries should be made to the below address, where his terms of appointment and any further details are available.

Canterbury tales 5

Abraham Lincoln, who practised lawbefore becoming the 16thpresident of the United States, wasnot impressed with people whorepresented themselves in court.The old adage: “He who represents himselfhas a fool for a client,” has been attributed tohim.Most New Zealand judges and lawyerswould probably concur, but increasingly morepeople are being forced, or are choosing, to goit alone in the courtroom — and it’s a worldwidephenomenon.In Britain alone it is estimated that up to 80%of cases in the Family Court involve people whorepresent themselves. Such are their numbersthat the Bar Council has produced a detailedlayperson’s guide to self-representation in civilactions, including important points of courtroometiquette.The 74-page manual, which was compiled withthe help of leading barristers, has helpful hintslike: “Make sure you speak loudly, slowly andclearly”. “You might be tempted to speak likelawyers on TV. Resist this temptation. Lawyersdo not really speak like that. Some bad lawyersdo, but judges hate it.”People who choose not to use lawyers areknown by a variety of terms, such as self-represented litigants, litigants in person, laylitigants or, to use the vernacular, self-reps. Therise in their numbers is being driven by a numberof factors, including legal aid cutbacks, the costof legal representation and, in some quarters, adistrust of lawyers.Until now, comparatively little substantiveresearch has been carried out in New Zealandinto the scale and nature of this issue. TheMinistry of Justice undertook an exploratorystudy a few years ago and examined eight courtsin five cities. It found that the proportion of

criminal cases involving self-reps ranged from1% in Dunedin to 7% in Palmerston North,while their involvement in Family Court casesranged from 17% in Tauranga to 7% inManukau.Drawing on information supplied by judges,lawyers and court employees, the studydiscovered that while there had been littlechange in the number of self-reps taking part incriminal cases, their involvement in the FamilyCourt had increased over a five year period. Thelatter group were typically European males withan average age of 37 who were representingthemselves in care-of-children and domesticviolence cases.Waikato dairy farmer Hamish Burdon is fairlytypical of this group. Ten years ago the 42-year-old was forced to represent himself in a custodydispute over his two children because hecouldn’t afford a lawyer. He had no legal trainingor familiarity with the court system but he wonhis case, spurring him on to study post-graduatelaw at Waikato University.Today, Mr Burdon is one of many self-repsaround New Zealand who are assisting a newstudy being undertaken by Auckland Universitylaw graduate Bridgette Toy-Cronin. Ms Toy-Cronin, who also has an LLM from Harvard, wona New Zealand Law Foundation doctoralscholarship to examine the characteristics ofunrepresented civil litigants: how many, whothey are, why they are not represented and whatcan be done to assist them.(www.selfrepresented.org.nz)On her preliminary findings to date, she saysanecdotal evidence suggests the numbers ofself-reps are rising. “This would make sensebecause legal aid has been cut back and therewas a recession on, so people were less able tohave an income to pay for a lawyer,” she says.“And when the government’s Family CourtProceedings Reform Bill becomes law almosteveryone will be required to be self-representedin the early stages of Family Court proceedings.”Ms Toy-Cronin’s research is also based in parton her own experiences as a litigator when shecame across several people representingthemselves.“It’s quite hard to litigate against someone whodoesn’t really know the rules of engagement.”She says some of the challenges facing self-reps are difficulty understanding cour tprocedures, how to advance their cases anddetails of the law. “But the hardest part for themis keeping their emotions out of the proceedings.The old saying is, a good lawyer is one that cankeep the emotion out of it, but when you’rerepresenting yourself, you can’t.”For the moment Ms Toy-Cronin is focusing herresearch on litigants but she will soon be turningher attention to judges and lawyers and seekingtheir input.Taking on the might of the law without a lawyercan be a very stressful business as one Canadianstudy discovered. Julie Macfarlane, a law

By Rod Vaughan

Rising tide of lay litigantsprofessor at the University of Windsor in Ontario,interviewed around 280 self-reps and wasdisturbed by some of their stories. (http://www1.uwindsor.ca/ law/news/dr- ju l ie -macfarlanes-research-on-self-represented-litigants-in-the-news)“What has surprised me is how traumatisedpeople are by the experiences they’re having,how many lives are getting wrecked, how muchanger and frustration there is out there,” shesays.“People consistently describe both physical andmental health issues as a consequence of this -everything from insomnia and depression tosocial isolation. It makes you wonder, given thatself-reps are now a majority in the (Canadian)legal system, how much longer the system canhang on.”Professor Macfarlane says the proportion of self-reps varies, but in the Family Court it is alwaysmore than 50% and can rise as high as 80%.“In the civil court, the Superior Court in Ontariofor example, I’ve seen anything from 35 to 65%.”Canadian businessman Jamie Ryan spent$30,000 on legal fees fighting a child accessdispute before deciding to take over the caseby himself.He says that trying to navigate the justice systemwithout a lawyer is the hardest thing he’s everdone and it’s been deeply disillusioning. “It’s asystem that’s just so archaic and detailed, andit’s built around criminality. It’s just a vortex ofconfusion and delays and expenses.”Given his views it’s not surprising that manyCanadians appear to have lost faith in the justicesystem. “People are really angry,” says ProfessorMacfarlane. “What is it, exactly, we are offeringpeople when we say access to justice? If wecontinue to use it as a mantra without reallydelivering on it, and we don’t listen to whatpeople are saying, I don’t know where this isgoing except down.”She is also critical of Canadian judges who, sheclaims, give self-reps a hard time in court.“Most judges believe that if you’re a self-rep,you’re a pain in the ass, you’re going to be reallyannoying, you’re going to be really unreasonableand they get treated with contempt.“Judges must change. This is not the gig theysigned up for. They signed up for a gig in whichthey would have nice, respectful, courteous,arcane, legalese conversations with lawyers.They need a completely different set of skills todeal effectively with a (court list) filled with self-represented litigants.”Of course, this ignores the fact that some self-reps bring the opprobrium of judges uponthemselves through vexatious legal actions thatwould test the patience of Job.

This article will be continued in next month’sissue of Canterbury Tale. It first appeared intwo parts in Law News Issues 33 and 34 (4October and 11 October 2013), published byAuckland District Law Society.

Contact: S.W. (Steve) Mauger M.N.Z.I.B.S.

Cellphone 027 919 3454Home 03 3126 118

Email viewpointinspect@xtra.co.nzWeb www.viewpointpropertyinspections.co.nz

View Point Property Inspections 2012 Ltd

· Visual property inspection building surveys.

· Pre-sale/pre-purchase property inspections and condition reporting identifying

significant defects.

· 27 years practical building experience.

· 8 years building survey experience.

Canterbury tales2 Canterbury tales6

Family lawyers unwindThis year’s Family Law Dinner was held at the Canterbury Club onThursday 8th May.Following the successful decimation of the Family Court by CrusherCollins and her team of corporate vandals, 72 counsel and stalwartjudges attended for some much-needed camaraderie.We were welcomed wittily by Scott Fairclough, followed by a briefaddress by local champion Garry Collin, and new Family Law SectionChair Allan Cooke’s State of the Nation address. Those whoseglasses were empty refilled them quickly.Judge Ryan, Principal Family Court Judge and our guest of honourfor the evening, surprised us all with a PowerPoint presentation ofstatistics.One poor soul had to venture outside for a cigarette following thishighlight, and what with wet steps and leather-soled shoes onething led to another and that practitioner, complete with concussion,left the dinner in an ambulance. Kudos to Alison King who calledin the cavalry.A cash bar meant that those who were not indulging were notsubsiding those who were - and we all enjoyed a comprehensivewine list, excellent food and lots of laughs with old and new friends.

By Diana Shirtcliff

Canterbury tales 7

Canterbury tales2 Canterbury tales8

Dedicated space in new precinctThe Christchurch Justice andEmergency Services Precinct projectteam has been working with a sub-committee of the Canterbury-WestlandBranch of the NZ Law Societyappointed to understand how the legalcommunity will use the new Justiceand Emergency Services Precinct.Inside the precinct, two dedicated places havebeen allocated for members of the Law Societyfor a law library and a legal hub. Your sub-

committee has been working together with theprecinct’s project team to define the designand use of both these spaces.The new law library will be located on theground floor of the precinct’s emergencyservices building and will provide members withthe range of services they currently enjoy alongwith being the base for the Law Society’slibrarian team.Being conveniently located on Tuam Streetallows for good access outside the operatinghours of the precinct’s justice building. The newlaw library can be accessed through either thecourtyard from the justice building or the TuamStreet entrances.

In addition, a separate legal hub inside theprecinct is being developed in recognition thatlawyers visiting the courts need a location tocarry out activities between court times. Thislegal hub will be located on Level 3 of theprecinct’s justice building alongsidecourtrooms.The intention is to provide a dedicated spacefor working, with access to WiFi, computersand printing, facilities for making tea and coffeealong with a place to store bags, coats andother items.A number of our discussions have alsoincluded the need for meeting rooms forlawyers to meet with parties while in theprecinct. The current design of the precinctincludes more than 60 rooms available forthese interactions — a significant amount. Theyrange from small interview rooms adjacent tocourtrooms, to larger mediation rooms andbreak out spaces and bookable conferencestyle rooms for lawyers who might need thesefacilities while in the city.In addition a public café is proposed for theatrium of the precinct’s justice building withaccess to the open-air courtyard and this isbeing designed to provide a variety of discreetspaces to meet over good coffee and food.If you want to learn more go to the websitehttp://www.justice.govt.nz/justice-sector/christchurch-precinct.

The atrium in the precinct’s justice building will have direct access to an open-air courtyard.

By Justin Hygate

Canterbury tales 9

Joined firm/organisationKaren Feltham (Phillip Alan Barrister), ChristopherFernando (Purnell Creighton), AmandaFitzgibbon (Cameron & Co), Stephanie Gifford(Rhodes & Co), Charlotte Johnson (DuncanCotterill), Danielle Mills-Godinet (SB Law) PeterO’Dea (Helmore Ayers), Timothy Sissons (HillLee & Scott), Shaanah Valdez (MortlockMcCormack Law), Penelope Wells (CERA).MovedJanine Ballinger (Duncan Cotterill to CavellLeitch), Fay Hughes (Duncan Cotterill toHarmans), Kasey Love (Duncan Cotterill to HFKLimited), Jessica Marshall (Harmans to DuncanCotterill), Tracey Wills (Buddle Findlay to CavellLeitch).

Robertson v Auckland Council,Fogarty J, High Court, Auckland, 14April 2014, [2014] NZHC 765LOCAL GOVERNMENT LAW —PUBLIC WORKS - COMPULSORYACQUISITION — RIGHT TO OFFERBACKUnsuccessful application for a declarationpursuant to s40 Public Works Act 1981(PWA1981) that Auckland Council (Council) wasrequired to offer compulsorily acquired landback to plaintiffs - successors in title of originalland owners - right to offer back where landno longer required for public work - 1949Auckland Harbour Board (AHB) Gazetted Portof Auckland upper harbour developmentscheme - AHB wrote to land owners advisingof intention to acquire their land for harbourworks - 1951 to 1959 AHB entered purchaseagreements with property owners - landtransfers were by ordinary conveyancing - nonotice on titles that land was taken under PublicWorks Act 1928 (PWA 1928) - proposedharbour development never proceeded - 1979AHB report concluded the land should beretained as an industrial estate for a range ofuses - report did not state uses would be carriedout by AHB or under its control - 1990 landtransferred from AHB to Waitakere City Council(WCC) pursuant to a reorganisation order unders36 Local Government Act 1974 - land nowowned by the Council - issues: (1) whetherthe AHB held the land for a public work under

PWA 1928 and PWA 1981; - (2) whether theland was required by AHB for a public work in1982 to1983; - (3) if the land was not requiredfor a public work was it still held for a publicwork; - (4) whether the plaintiffs had to provethe land was compulsorily acquired as aprecondition to establishing s40 PWA 1981 hadbeen breached and there should have beenan offer back; - (5) whether the land wascompulsorily acquired; - (6) whether the landwas held for ‘essential work’ from 1982 - 1987;- (7) whether the Auckland Harbour Board andWaitemata City Council (Te Atatu) EmpoweringAct 1983 (Empowering Act 1983) displacedthe obligations on AHB under s40 PWA 1981to offer the land back to the successors; - (8)was the WCC ever under a statutory obligationto offer the land back under s40 PWA 1981 -Court discussed statutory interpretationquestion as to whether literal or purposiveconstruction of s 40 PWA 1981 required - s 40to be given purposive construction - Courtnoted s 40 is directly linked to one of the mostimportant principles of the unwritten NewZealand Constitution, the protection of privateproperty rights - Chapter 29 of the Magna Cartacollects essential common law principles.

HELD: - Court found plaintiffs’ actions failedfor a single reason that the Empowering Act1983 ended the AHB’s obligation to offer backthe lands to the successors of the vendors fromwhom the titles had been acquired - (1) AHBheld land for a public work of Upper Harbourdevelopment for port purposes; - (2) by 1979land was not required for public works of theAHB; - (3) when land was acquired under s32 it was “deemed” land taken under the PWA1928: - (4) compulsory acquisition not aprerequisite; - (5) once AHB gave the Gazettenotice subsequent sales to AHB were notmarket sales - element of compulsoryacquisition as explained in Bowler Investmentsv Attorney-General; - (6) proposed industrialestate was not an essential public work but acommercial exploitation of land for profit; - (7)once Empowering Act came into effect on 2Dec 1983 AHB had no duty to offer land backand AHB’s prior breach of s40 PWA 1981became irrelevant;- (8) s40 PWA 1981 did notapply - WCC acquired the land without holdingit for a public work - application dismissed -costs reserved - defendant succeeded byreason of only one of its many defences thismay be a fact relevant to costs.

Case summaries (73) New Zealand’s legal research tool

Comings & GoingsChange of statusBarnaby Hawes, Partner with RaymondDonnelly.Change of detailPhillip Allan Barrister, PO Box 16532, HornbyChristchurch 8441.Clark Boyce, physical address 382 Durham St,ph (03) 379-4420, fax (03) 379-9760Liz Bulger, Trudi Aickin, Craig Ruane andStephen Hembrow (Barristers) all PO Box8408, Christchurch 8440.Michael Starling Barrister, ph (03) 961-7822.Mark Wilson Lawyer, PO Box 8408,Christchurch 8440.Hill Lee & Scott, Leeston branch now closed.

Canterbury tales2 Canterbury tales10

Canterbury Westland Branch/NZLS

EducationProgrammeProudly sponsored by

CWLAtasteshigh life

Situation Vacant

NZLS Continuing Legal Education (CLELimited)

To register and for other information checkthe CLE website,

www.lawyerseducation.co.nzChristchurch

July2 — Settlement and E-dealing - contentiousissues, Webinar.17 — FDR for Mediators, Webinar.21— Influential Presentations.2 — The Criminal Proceeds (Recovery) Act,five years in.29 — Employment Law Issues, developmentsin Christchurch, Webinar.

August5 — New District Court Rules — fundamentalchanges.24-30 — Litigation Skills Programme, LincolnUniversity.25 — Surrogacy in New Zealand, Webinar.26 — Apartments, Sale and Purchase,Webinar.

September8 — International Surrogacy.1 — Rural Law, the big issues.24-26 — Lawyer for Child.24 — Scrutinising the Actions of Government.

October6-7 — Intro to Family Law Advocacy andpractice.

Out of Christchurch3-5 July — Stepping Up, Auckland.4-6 September — Stepping Up, Wellington.23 July — Wellington, 24 July Auckland —Issues in unjust enrichment Intensive.25-27 July, Wellington — UnderstandingMediation.22-24 August, Wellington — Mediation forLawyers.4 September, Auckland — Tax Conference.

Christchurch BranchSocial

Ski Day — Thursday 31 July at MtCheeseman. Enter in your diaries and watchfor flyer.Law Dinner — Friday 15 August. Watch forflyer7-9 November — Devils Own Golf, Methven.Enter in your diaries.

2 September — Women’sConference. Helen Cull QCreturns as the chair of theWomen’s Conference.We will also hear from oneof the most prominenthuman rights lawyers inZimbabwe, Beatrice Mtetwa,who will be the keynotespeaker. Lisa O’Neill will bereturning and Linda Clark andGillian Coumbe QC have alsobeen confirmed as speakers.Christchurch’s mayor LianneDalziel has agreed to openthe conference.

Continued from Page 12

Solicitor – Property TeamWe seek a solicitor to meet the demands of an expanding property client base.

This is an exciting opportunity with excellent career prospects for the right person. We are Iideally looking for an applicant with 2 to 4 years PQE,. Rrural, commercial and residential conveyancing essential and familiarity with trusts

and estates an advantage.

Legal Executive – Property Team We seek a qualified Legal Executive with rural and residential conveyancing

experience to in support of our very busy Property Team.

We are a leading South Canterbury firm with offices in Timaru and Geraldine with clients nationwide. We offer modern well equipped offices with excellent

resources. Positions are permanent, full time based in our Timaru office, but however we will consider flexible arrangements.

South Canterbury is one of the strongest performing economies in the country, offering fantastic lifestyle opportunities, affordable housing and excellent

schooling options.

We offer you interesting and varied work which encourages and expects high standards and a commitment to your ongoing professional

development and mentoring from experienced partners.

Forward your curriculum vitae and covering letter to:

The Practice Manager, Gresson Dorman & Co PO Box 244, TIMARU 7940. E: barbara@gressons.co.nz

Canterbury tales 11

Situations Vacant

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

Building for the future

We’re looking for Commercial, Litigation, Environmental and Private Client solicitors at all levels for our growing teams in Christchurch.

For more information or to apply visit www.duncancotterill.com/careers

Moving on tomorrow. Today.

duncancotterill.com

Corporate services

SolicitorThe Legal Services Unit of the Christchurch City Council is a team of busy in-house solicitors who provide advice to the elected members and the Council organisation on legal, governance, enforcement, commercial, risk management and strategic issues.

The role requires Resource Management Act (RMA) and litigation experience supporting the RMA Solicitor, and requires the ability to work with confi dence and with minimum direct supervision. You will be able to provide sound solution oriented advice in relation to the Council’s civil litigation and enforcement proceedings.

You will be required to appear as an advocate for the Council in the Environment Court, District Court and Superior Courts, as well as managing the provision of advice to the Council by external providers.

The Legal Services Unit off ers you the opportunity to work in a dynamic and high achieving environment at the cutting edge of the Christchurch recovery and rebuild.

Sound like you? Apply today to Make your Mark on Tomorrow!

Vacancy 6624. Applications close on Sunday 6 July 2014.

To make YOUR mark visitwww.cccjobs.co.nz

Canterbury tales2 Canterbury tales12

CWLA tastes high lifeOn 29 May 51 of Canterbury’sfemale lawyers gathered at Duo forthe Canterbury Women’s LegalAssociation (CWLA) AGM andpresentation of the DorothyThompson scholarship.

In addition to the formalities, the CWLA wasprivileged to have as a guest speaker,Canterbury’s own newly appointed High Courtjudge, Justice Dunningham, who providedthose present with an insight into life on thebench.As the saying goes, the stories will grow in theirtelling, and no doubt, by the time this makes itto print, the penthouse suite (that is the judge’schambers), the morning and afternoon teastarvation that occurs due to the lack of biscuitsand the freedom that comes without beingshackled to a timesheet, will be legendary.It also became clear to those present some ofthe true sacrifices that are made by thoseappointed to the Bench when Her Honourdisclosed how she could not bring herself topurchase either Whittakers or Cadburychocolates during a recent case for fear ofshowing a bias in favour of one over the other.There were of course other insights offered byHer Honour, however, in the best practise ofintrigue and inducing members to attend futureevents, a first hand account of those insightswill remain with those that were present.On a serious note, Her Honour reminded theaudience that often female lawyers are far toohard on themselves expecting perfection in all

they attempt — thus affecting our perceptionof available opportunities and creating needlessworrying.The evening also provided the occasion for theformal presentation of the Dorothy Thompsonscholarships. These scholarships are awardedannually by the Thompson family to the toptwo outstanding female achievers at the IPLSprofessional courses.Shelley Robotham was the top graduate.Shelley is currently working at Kensington Swanin Wellington. Runner-up was Aja Trinder, whocurrently works at the Public Defence Service.At the AGM itself, the CWLA bid farewell to thefollowing committee members Sarah Eveleigh,Fleur McDonald, Melanie Jones and LauraineFrampton and welcomed new committeemembers Kathy Bell, Natalie Peters, StephanieMelbourne, Kathy Basire and Kate Bradley. Katewill also serve as a junior representative for theyear.

The committee members for this year are:Catherine Bibbey, convenor (Barrister), RozBurnside, treasurer (Roz Burnside Law), DeeMorgan, secretary (Lexington Legal), EmilyWhiteside (Chapman Tripp), Angela Searle(Baldwins Law), Stephanie Melbourne (James& Wells), Kathy Bell (Raymond Donnelly),Natalie Peters (Buddle Findlay), Kathy Basire(Raymond Donnelly), Kate Bradley (BuddleFindlay.)Not long after our AGM the CWLA was pleasedto hear that a women practit ioner inChristchurch has, for the first time, beenappointed a Queen’s Counsel. Congratulationsto Pru Stevens. This is a commendableappointment and one that is inspiring for allwomen practitioners in Christchurch.Mark these dates23 July — Women’s Professional Dinner. Aswell as providing the opportunity to networkwith other female professionals acrossdisciplines and specialties, the ProfessionalWomen’s Dinner is also the main fundraisingevent for the CWLA scholarship.

By Kathy Bell and Kathy Basire

One of the two Dorothy Thompson scholarshipwinners Aja Trinder with the donor’s sonGarry.

Continued Page 10