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USAR, hockey and guitar + law
BORN in Wellington, Julius Maskellgrew up in Mount Maunganui. Hegraduated with LLB and BSc majoring inchemistry from Victoria University in2005 and has worked as a general practicesolicitor since admission, first in MountMaunganui and for the past two yearswith Tripe Matthews Feist in Wellington. Julius is anaccredited member of NZLS Property Law Section andhas a particular interest in unit titles and not-for-profitgroups.
One of his aims on the Council is to look at ways ofmaking the Law Society more relevant to intermediatelawyers. He is also interested in the introduction ofContinuing Professional Development for lawyers. Heis the Branch Council liaison to the Courts and TribunalsCommittee
Outside work Julius is a member of the WellingtonEmergency Response Team, one of Wellington’svolunteer USAR teams which assists with civil defence.He was deployed recently to assist with tsunamiadvisory warnings and to help clean up after the Julystorm. Julius plays and coaches hockey for the HarbourCity Hockey Club and was on the executive of theTauranga Hockey Association for two years. He alsodoes Hapkido, a Korean martial art. He enjoys playingthe guitar and keeps one in his office.
THE eagerly anticipated Get Up andSpeak seminar for women in litigationheld on 15 August was a great success.
Over 100 women attended the eventhosted by the Women in LawCommittee, in conjunction with the NewZealand Bar Association and RussellMcVeagh. The success of the event wasevident from the lively discussions thattook place afterwards.
We were privileged to hear from adiverse panel of speakers: JusticesGlazebrook and Winkelmann gave aperspective from the Bench; KarenClarke QC and Janine Bonifant spoke aswomen with many years’ litigationexperience; and Andrew Butler, partnerat Russell McVeagh and human rightslawyer, gave a refreshing male view onthe importance of women acting in thoseroles.
Two of the themes that arose from theseminar were the importance ofpreparation and self-belief. Karen ClarkeQC’s anagram on the essentials ofsuccess in litigation was excellent: ASIP– Authenticity, Self-Belief, Integrity andPreparation. Karen commented thatwomen tend to rely on hard work tobecome noticed, and while preparednessis the single most important attribute forlitigation, as Justice Glazebrook wouldlater explain, sometimes it simply isn’tenough. Her Honour, Justice Glazebrookdrew on a number of studies showing thatthe disparity between men and women inthe workforce still exists. As women, wemust persevere with taking opportunitiesand dispelling the subconscious beliefthat we are being handed opportunities asa favour or a gift rather than somethingwe deserve. Speaking on self-belief,Andrew Butler said that a firm employs alawyer because they believe that lawyer“has the goods to succeed… Success,like beauty, is in the eye of thebeholder… Just because you didn’t winthe case doesn’t mean you didn’t do thejob really well”. Andrew’s advice was toacknowledge your own successes andmake them known to the people whocount, “speak for your hard work”.
Nevertheless, he said, “Self-belief andself-doubt can co-exist”, and this wasechoed by Janine Bonifant’s refreshingcomment on the value having self-beliefeven when fear threatens to take over.Janine spoke of the moments of anxiety
SALLY MCKECHNIE is thenew CLANZ (CorporateLawyers Association of NewZealand) representative on theWellington Branch Council.
Sally is a Crown Counsel inthe Public Law Group at CrownLaw. She is a public law litigator and representsgovernment departments and ministries in arange of courts, including the Court of Appeal,High Court and Employment Court.
She grew up in Rotorua and studied at theUniversity of Otago, graduating with BA/LLB(Hons). She started her legal career at KensingtonSwan in Wellington. She was then elected aRhodes Scholar and from 2000, spent three yearsat Hertford College, Oxford University. Sallybegan with Crown Law in September 2003.
As the CLANZ Council member, Sallyrepresents the interests of Branch members whoare in-house counsel – about half the membership– at the Council table and hopes to maintain andstrengthen the links between in-house counseland the private profession in Wellington.
COUNCIL BRIEFISSUE 428 SEPTEMBER 2013
The monthly newspaper of theWellington Branch NZ Law Society
President’s Column
By Mark Wilton, President, Wellington Branch, NZLS
New Council Members
CLANZ rep from Crown Law
ONCE again ourcity has beenrocked by asevere earthquakecausing moredisruption anddamage to ourbusiness and
home lives.In order to be prepared as
much as we can for the unknownahead, the Wellington Branch islooking at how we can assistmembers now and in any futureevent. The need to explore anddiscuss such matters being evermore real now. If you have anysuggestions and would like to bepart of future planning thenplease contact the Branch office.
Distinguished AlumniThis month I had the pleasure
of attending the VictoriaUniversity distinguished alumniawards. It was such a marvellousoccasion to see the six recipientscelebrated (including two lawgraduates Hon. Georgina Te HeuHeu and All Black ConradSmith), all of whom hadachieved greatness in theirchosen professions since leavinguniversity.
Another fantastic continuingprofessional development eventwas organised by Paul Michalik
and the Courts Committee. Thiswas a seminar on the principalmodes of alternative disputesresolution. Justice David Gendallspoke about judicial settlementconferences, Geoff Sharp spokeabout mediation and Phillip Greenabout arbitration. All threeprovided excellent insights intorequirements and benefits of eachprocess, providing rich content forquestion and answer discussionsfrom the floor.
Porirua Bar DinnerIt was heartening to see that so
many of our Porirua practitionersattended the bar dinner held in the
splendid setting of the old GearHomestead. A most enjoyableand convivial occasion for allthose who attended. Our thanksgo to Chris Ellis for leading theorganisation of this event and alsoto Judge Behrens QC who wasour guest speaker for the night.
Planning for unforeseen eventsAnd now to return to the
unsettling event that began thiscolumn: please all of you,continue to take steps to beprepared for such unforeseenevents and let us know how wecan best assist and support you insuch times.
Get Up and Speak presenters: Karen Clarke QC, Janine Bonifant,Justice Glazebrook, Justice Winkelmann and Andrew Butler.
in the half-hour before a case is openedand the pervading question of, “why am Ihere doing this to myself again?”. Whilethat anxiety inevitably comes at thebeginning of each case, she said, it fadesas soon as the case begins and is necessaryto allow your brain to function at theheightened speed required, and so itshould be embraced.
Justice Winkelmann spoke on theimportance of preparation but also notedthat “pulling an all-nighter” is not realisticfor everyone. Her Honour gave wiseadvice not to “burn bright and burn out”.You cannot do everything and do it well,so it is best to set realistic expectations foryourself. The Judge, having made a pointthat brevity is always a bonus whenpresenting submissions, gave six conciselessons for women in litigation:• Don’t chase the money, chase the
work. Go where you can get greatexperience.
• Junioring is a great way to observe, butit is a trap. Don’t get caught. When youjunior, tell the lead you want to assumeat least some responsibility in the case.
• Don’t specialise too soon. You willclose down your opportunities foradvocacy.
• When you get an opportunity, seize it.Feel the fear and fling yourself at theopportunity.
• Judges want to see women counselpresent. They want to hear from thecounsel who knows the case best andthey are keen for young counsel to getup and give it a go.
• Women believe they have to do itperfectly – this is a delusion. Judgesdon’t require perfection, just goodpreparation.Thank you to the NZ Bar Association,
Russell McVeagh, the WellingtonBranch Women in Law Committee andto our excellent speakers who put on suchan insightful and encouraging evening.
Get up and speak – adviceto women litigatorsBy Heléna Cook for Women in Law Committee
The Porirua Bar Dinner held last month at the historic and picturesqueGear Homestead was an enjoyable occasion. Seen here from left
are: Chris Ellis, whose sterling work in organising the dinner is muchappreciated, Mary More, Porirua Mayor Nick Leggatt and
Branch President Mark Wilton.
A shakey month gives pause for thought
• Erika Kremic 3
• Committee lists 4
• Porirua dinner 5
• Quake and Library 8
In this issue:
Jade TekiSuit Designer/Director
trial right by allowing exhibit 4 whichcontained details of incriminating textmessages which the Crown alleged had beensent to appellant to be produced intoevidence; – (iv) erroneously allowing whatwas effectively illegitimate propensityevidence to be introduced namely evidencethat appellant had previously used the textsignature “JFK” and/or “Just FuckingKrazy” – R v Hira distinguished in relationto s66 direction –HELD: no miscarriage of justice: – (i) HCJdid not fail properly to direct on issue ofparties in terms of s66(1)(d) – references tolanguage of s66(1)(d) not erroneous orimproper in context of questionnaireproviding step-by-step approach for jury tofollow and clear summary in summing uprelating to appellant of relevant issues incontext of evidence and cases for the Crownand defence – directions were clear andproper in the circumstances and did not leadto unfair trial or miscarriage of justice; – (ii)no misdirection or inadequate directions inrelation to Crown expert evidence oninterpretation of text messages in mannerwhich led to unfair trial or miscarriage ofjustice – no basis for argument of abuse ofprocess or prejudice in late admission ofpolice expert evidence – police detectivequalified as expert by specialised knowledgeof interpretation of text messages based onexperience – defence counsel and trial Judge
under s9 Evidence Act 2006 – no dispute attrial that text messages were sufficient toestablish appellant’s role in the murder if thejury accepted the Crown case and weresatisfied appellant had sent the text messagesand Crown interpretation in exhibit 4 – textmessages were sent from cell phone found inappellant’s cell and received on cell phonefound in EF’s cell – defence at trial thatCrown had failed to prove text messages hadbeen sent by appellant (attribution issue) or ifthey had, that messages had meaning givenby L (interpretation issue) – defence reliedon evidence of well-qualified andexperienced Tongan interpreter to advancealternative more nuanced meaning of themessage which did not include intention tokill – particularly incriminating text wassigned, “Just Fucking Krazy” and Crown ledevidence of appellant’s use of this sign-off incarved inscription in prison van in 2002 assupporting appellant’s authorship of themessages – no objections by trial defencecounsel to production by Crown of exhibit 4or calling of L as expert interpreter and noconcerns raised about trial Judge’s directionsto jury on issues now raised – appealadvanced alleged errors in relation to: – (i)failure to direct properly on issue of partiesin terms of s66(1)(d); – (ii) misdirection orinadequate directions in relation to Crownexpert evidence on the interpretation of textmessages in combination of English andTongan; - (iii) prejudice to appellant’s fair
Lisiate v R – [2013] NZCA 129 – 2 May2013 – White, Simon France and Asher JJCRIMINAL LAW – CRIMINALPROCEDURE – EVIDENCEUnsuccessful appeal against conviction –murder – alleged miscarriage of justice asresult of errors by trial Judge – appellant wasconvicted along with EF and F of murder ofinmate in Paremoremo Prison in Mar 2009 –deceased was killed by EF in his cell withalleged assistance of F – F’s convictionquashed on appeal and F awaiting retrial –appellant who was housed in different partof the prison was found guilty as party unders66(1)(d) Crimes Act 1961 by incitingcounselling or procuring the murder –Crown case that appellant and co-accusedarranged to kill the deceased to revenge thedeath of a member of their gang who hadbeen severely beaten by members of thedeceased’s gang – Crown case againstappellant based on text messages alleged tohave been sent by appellant and received byEF leading up to the murder – Crown reliedon the text messages to establish appellant’sknowledge of the attack, his involvement inthe call for revenge and his encouragementand direction of EF to kill deceased – textmessages were summarised in Crownexhibit 4 including translation based oninterpretation by L, Tongan interpretercalled by the Crown – exhibit 4 and exhibit 5(book of transcripts of oral communications)were admitted as part of admission of facts
Page 2 – COUNCIL BRIEF, SEPTEMBER 2013
August 29-30 2013 – Contract Law 2013,Wellington. www.lexisnexis.co.nzSeptember 5 2013 – Tax Conference,Stamford Plaza, Auckland. NZLS CLEconference. www.lawyerseducation.co.nzSeptember 6 2013 – Building andConstruction Law Conference –strengthening legal frameworks, StamfordPlaza, Auckland. www.lexisnexis.co.nzSeptember 19-20 2013 – The Maritime LawAssociation of Australia and NZ 40th AnnualConference, Sydney. www.mlaanz.orgSeptember 26-29 2013 – ResourceManagement Law Association of NewZealand: ‘Black, White, Gold – does it allglitter?’, Queenstown.www.rmla.org.nz/annual-conferenceOctober 2-4 2013 – Australia New ZealandEducation Law Association (ANZELA),Hobart. www.anzela.edu.auOctober 6-11 2013 – IBA AnnualConference, Boston, USA. www.ibanet.org/ConferencesOctober 16-18 2013 – Australia and NewZealand Sports Law Association: 23rdANZSLA Annual Conference, Brisbane.www.anzsla.com.au
Conferences
You can use this diagram for either the Quick or Cryptic Clues, but the answersin each case are different. This month’s solutions are on page 2.
Cryptic CluesDOWN1. His victims lose heart (5)2. Person who discredits an old
woman (3)3. One type has four heels, another
none at all (4)4. It’s for the rest of the cast (5,4)5. His fare is too much (7)8. Fit a support with hesitation (6)11. I’ll get him prepared for publicity’s
glare (9)13. Capital form of punishment (6)14. They’re trodden underfoot (7)16. One I form out of uniformity (5)18. It’s flat and square (4)20. He gets red if a stranger addresses
him! (3)
ACROSS6. Produce an eviction order? (4,3)7. Penny loaf? How funny! (5)9. How a motorist can correct a
glaring error (3)10. She gets the theatre in an uproar
(9)12. It describes Adam or I (5,6)15. Decline to acknowledge applause
- and retire! (4,4,3)17. Rose spray? (9)19. The last thing one aims for (3)21. Feeling irritable? (5)22. Feeling fed-up? (7)
COUNCIL BRIEF CROSSWORD
Quick CluesDOWN1. Attire (5)2. Perform (3)3. Average (4)4. Sleeping room (9)5. Belief (7)8. Morose (6)11. Express regret (9)13. Photographic device (6)14. Maker (7)16. Trifling (5)18. Incite (4)20. Pig-pen (3)
ACROSS6. Advance (7)7. Body of
troops (5)9. Employ (3)10. Cancellation (9)12. Theory (11)15. Introductory (11)17. Perilous (9)19. Fresh (3)21. Set free (5)22. Shake (7)
October 25-26 2013 – UnintendedConsequences: The Impact of Migration Lawand Policy, Law Council of Australia,Canberra. http://law.anu.edu.au/conferences/unintended-consequencesOctober 27-30 2013 – 26th LAWASIAConference, Singapore.www.lawasia2013.com.sgNovember 15 2013 – Mental Health LawConference 2013, Claro and ANZ Associationof Psychiatry Psychology and Law(ANZAPPL), [email protected] 21 2013 – Family Law Conference,Auckland. www.lawyerseducation.co.nzNovember 22 2013 – 2nd NZ Labour LawSociety Conference, The Employment Forumof the NZ Work Research Institute, AUT,Auckland. www.workresearch.aut.ac.nzNovember 25-27 2013 – Australia NewZealand Law and History Conference:‘People, Power and Place’, University ofOtago, Dunedin. www.otago.ac.nz/law/conferencesDecember 5 2013 – Key Issues inInternational Arbitration in the Asia-Pacificregion, Sydney. www.ibanet.org
Wellington Branch Diary SeptemberMonday 2 SeptemberYoung Lawyers Committee
Tuesday 3 SeptemberEarthquake Strengthening Requirements – impact on commercial building,NZLS CLE webinar, noon-1pm.
Thursday 5 SeptemberHuman Rights Committee
Friday 6 SeptemberCriminal Law Committee
Thursday 12 SeptemberCourts and Tribunals CommitteeFamily Law CommitteePublic Law Committee
Monday 16 SeptemberTrust Deeds: drafting mistakes and issues and how to fix themNZLS CLE webinar. 11am-12.30pm.
Tuesday 17 SeptemberTax Snapshot for Non-Specialists, NZLS CLE Seminar. Abel Tasman Hotel, 1-5pmLogic for Lawyers, NZLS CLE Workshop. The Wellington Club, 9am-4pm
Wednesday 18 SeptemberOverseas Investment Act, NZLS CLE webinar.Trust Account Training Programme, NZLS CLE.Wellington Branch Council meeting
Monday 23 SeptemberEthics: Confidentiality and Disclosure, NZLS CLE Webinar. 11am-noon
Wednesday 25 SeptemberLegal Assistance Committee
Thursday 26 SeptemberTrusts: Implications of the Law Commission’s report, NZLS CLE Webinar.11am-noon
Friday 27 SeptemberWomen in Law Committee
Council [email protected]
Case summaries based on those written for LINX database. Copies of thejudgments are available from the NZLS High Court Library:
[email protected] 64 4 473-6202 o 0800 FORLAW– 0800 36 75 29
PRACTISING WELL
Chaplain, Julia Coleman, 027 285 9115
fully entitled to treat both interpreters asexpert witnesses – failure to comply withdesirable practice of gaining acceptance ofexpert witnesses to High Court Rules (theCode of Conduct) did not result in unfair trialor miscarriage of justice – police detective’simpartiality not compromised by associationwith police investigation and evidence ofphone attribution within experience of hisexpertise; – (iii) fair trial right not prejudicedby Judge allowing exhibit 4 to be produced inform with attribution and interpretationascribed (exhibit 4 produced as part ofagreed admission of facts, no objection bytrial counsel to form or content of exhibit,issues of attribution and interpretation wereclearly live issues throughout the trial andabsence of separate direction of need to besatisfied that various attributions andinterpretations were proved was not fatal); –(iv) 2002 evidence was not “propensityevidence” as defined in s40(1) Evidence Actand no propensity evidence required –evidence was not evidence to showpropensity to act in particular way or haveparticular state of mind but as factor pointingto appellant being the author of the relevant
text messages – HCJ did not erroneouslyallow illegitimate propensity evidence to beproduced without propensity evidencedirection – appeal dismissed..WO: “propensity evidence”
1 Unravel the followingword:
2 It is white’s turn tomove. What shouldwhite do?
MADESIGNm Answers: See page 7
© Mark Gobbi 2013
[email protected] Brief Advertising
R T I B A S N R T I O A
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Case Summary Will Noticespage 8
in this issue
Criminal, Traffi c Accident InvestigationsFile/Case Analysis
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COUNCIL BRIEF, SEPTEMBER 2013 – Page 3
NEWS
THE 79th DEVIL'S OWN GOLF TOURNAMENTis being held on of 27 to 30 September 2013 in Palmerston North.Entries are open on-line, all welcome. www.devilsown.org.nz
ERIKA KREMIC came of agein Germany during the Naziera, her l ife and futureinterrupted by war. Herfortunes were later revived inNew Zealand where she had asuccessful legal career.
Born in 1925 in Munster,Westphalia, she enrolled at theUniversity of Munster afterhigh school to study science butcould not continue because ofthe war. She became a land girland met her late husband,Todor Kremic, who was aYugoslav former prisoner ofwar and a displaced person.Both emigrated to New Zealandin 1950 under the resettle-ment scheme for displacedpersons initiated by the UnitedNations International RefugeeOrganisation.
Erika worked in variousclerical jobs in Wellingtonparticularly in accounts. Shebegan studying law part-time atVictoria in 1961 while alsoworking as an assistant landregistrar at the Land TransferOffice. She was admitted to thebar in 1966 and joined DuncanMatthews & Co as a staffsolicitor where she workedfrom January 1966 to August
1968. A stint with BuddleAnderson Kent followed untilshe became a partner with TripeMatthews & Feist in April 1974.
Keith Matthews, who knewErika Kremic over many years,says she was a highly competentlawyer who focused onconveyancing.
Pat Mahony who workedwith her at Buddle AndersonKent & Co, said she wasintellectually very sharp andthat no area of the law wasbeyond her reach. Sheconcentrated on complexcommercial conveyancing workand had a general practice aswell.
She retired from TripeMatthews & Feist in 1987 andwas appointed by then Justice
Typing pleadings • Opinions • CorrespondenceTranscribing hearings, arbitrations, interviews
Concept Secretarial has the facilities to receive and transcribe
digital voice files via email
CONCEPTSecretarial Services Limited
LEGAL WORD PROCESSING • SECRETARIAL SERVICES
LEVEL 14, 89 THE TERRACE, WELLINGTON Telephone (04) 473-0277 Fax (04) 471-0672Email: [email protected]
Obituary
MootingCompetition2013
A rewarding and challenging opportunity to practise the craft of advocacy, to develop familiarity in the court room, and to get training and mentorship from New Zealand’s top barristers
Open to current and past professional legal studies trainees who are not yet admitted, and lawyers with up to 5 years’ PQE. Participants enter as teams of two
New Zealand Bar Association/YLC
September–October 2013, Wellington
Visit www.younglawyers.co.nz for further details and a registration form. Registrations due by 26 August 2013. Registration is free.
Contact [email protected] with any questions.
With thanks to Bell Gully for its assistance with the drafting of the Competition rules and marking guide.
The Young Lawyers’ Committee and New Zealand Bar Association present:
A MIDWINTER Christmas dinnerand debate held by the ChristianLawyers Association in Augustwas a great success.
The black tie dinner at theWellesley Club was followed bythe fun debate, with laughscounting most. Many law studentsattended, as well as practitionersand their partners and there were nospare seats.
Billed as the ‘Great Debate’, theproposition was that Crime DoesNot Pay. For the affirmative sidewere Susan Blaikie, an Anglicanpriest who formerly led theWellington City Mission, GregoryFortuin, former Race RelationsCommissioner and the HonourableChester Borrows, Minister forCourts.
For the negative side were DonMathieson QC, Nerissa Barber,
chief legal counsel from theMinistry of Culture and Heritageand James Mahuta-Coyle, abarrister from Terrace Chambers.Thus, all the lawyers were on thenegative asserting that crime doesindeed pay, which was entirelyappropriate!
All the speakers were veryfunny. Minister Borrows’experience as both a police officerand lawyer proved a rich source ofamusing antidotes. One of thegood things about lawyers is thatthey can laugh at themselves andSusan Blaikie had some wonderfullawyer jokes.
It was such asuccess that it is likelyto become a regularfeature of the ChristianLawyers Association’scalendar.
Erika Kremic – 17 April 1925-6 August 2013
THE scheme to assist lawgraduates into work is still beingoperated by the WellingtonBranch.
Law graduates seeking workleave their CVs at the Society.These are available to potentialemployers needing staff who canrefer to the CVs and choose ap-propriate graduates.
The work offered need not bepermanent. Any work in a lawoffice will give graduates valu-able experience that may behelpful to them next time theymake job applications.
Law graduateCV scheme
Minister Sir Geoffrey Palmer asthe Wellington Coroner in July1988, succeeding Mr A GProtheroe. She remainedCoroner until her retirement in1997.
Lavaia Pereia, who was ErikaKremic’s secretary during hertime as coroner, said Erika had a“simple heart” and was carefulto support people in their loss.“She avoided formality andtried to have hearings in heroffice to put the bereaved attheir ease,” she said.
Erika had always been verykeen for women to advance theireducation and careers andencouraged Levaia in herefforts. With Erika’s encourage-ment Levaia studied for abachelor’s and then a master’sdegree. “I started my PhD buthad to stop when my mother hada stroke, but I will go back tofinish because that is what Erikawould have wanted … She alsoencouraged my daughters to stayon at school and would haveattended the graduation of onelater this year.
“I am honoured to haveknown her as my boss and thenas a very dear friend. She waslike a grandmother to me.”
Enthusiastic response to ChristianLawyers’ midwinter dinner and debate
Council Brief Advertising [email protected]
The Courts and Tribunals & Alternative Disputes Resolution Committeeheld a successful seminar on the principal modes of alternative dispute
resolution at the High Court early in August. The intention of theseminar was to assist new practitioners to understand what to expect inand how to prepare for each mode of ADR. Pictured are the presenters:Justice David Gendall, mediator Geoff Sharp and arbitrator Philip Green.
By James Coleman
Page 4 – COUNCIL BRIEF, SEPTEMBER 2013
NZLS Wellington Branch Committees 2013-14
WELLINGTON BRANCH COMMITTEES
COLLEGIALITY,SPORTS AND CULTUREAmanda Courtney – Convener/
Council LiaisonChris O’ConnorDavinnia Tan
COURTS AND TRIBUNALSPaul Michalik – ConvenorJulius Maskell – Council LiaisonChris CorryPauline CourtneyPam DavidsonFelix GeiringerLisa McKeownNicholas MarshallNick MereuJonathan OrpinLance PratleyGraham Taylor
CRIMINAL LAWNoel Sainsbury – ConvenerMelanie Baker – Council LiaisonAmanda CourtneyBrett CrowleyStephanie EdwardsJudith FyfeSue Shone – SecretaryLynda StevensChris Tennet
EMPLOYMENT LAWGreg Cain – ConvenerSteph Dyhrberg – Council LiaisonJeremy AnsellGuido BallaraBernard BanksMaria BerrymanDavid BurtonSarah CatesPeter ChurchmanSimon ClarkPeter CullenGeoffrey DavenportJuliet DobsonNadia Gastaldo-BracMike GouldAlyn HigginsFred HillsJoanna HoldenTanya KennedyHamish KynastonKim LennieNick LoganPaul McBrideSally McKechnieCraig Mundy-SmithDavid Patten
Andrea PazinMichael QuiggKaren RadichCaroline RiegerAntoinette RussellAndrew Scott-HowmanTara SewellSue ShoneJeff SissonsEllen Frances TaitLeigh ThomsonJane TraynorSteve Wragg
ETHICSKenneth Johnston – ConvenerBriar Gordon – Council LiaisonPaul BarnettFelix GeiringerSally McKechnieLance PratleyAntoinette RussellRodney VenningIan VeronJordan Williams
FAMILY LAWLeona McWilliam – ConvenerAnnette Gray – Council LiaisonEmma CooneyAmanda CourtneyJennifer DawsonRachael DewarSarah HughesJacinda RennieJodie Ryan
HUMAN RIGHTSSam BentonMiro BoothVictoria CaseySonja CooperAmanda CourtneyJane EmersonKatrine EvansBevan O’ConnorCathy RodgersAmadee RoseKatherine RossJennifer RyanCourtney ScottSue ShoneMatthew SmithChris TennetRowland Woods
IMMIGRATIONAND REFUGEEKamil Lakshman – ConvenerDavid Dunbar – Council LiaisonJo CottrellRichard EvansBevan O’ConnorJohn PetrisSheryl RobinsonMarion SansonCaroline SawyerRichard SmallMahi TangaereChris TennetMegan WilliamsRowland WoodsInna Zadorozhnaya
INDEPENDENTPRACTITIONERSChris O’Connor – Convener/
Council LiaisonRachael Dewar – Council LiaisonChris CorryAmanda CourtneyRodney Venning
LEGAL ASSISTANCEDavid Laurenson – ConvenerAaron Martin – Council LiaisonChris CorryNicola Drayton-GlestiLouis LeungFelicity McNeillHannah NorthoverMargaret OvertonBryan Yeoman
LIBRARYPatricia Green – Convenor/
Council LiaisonPam McMillanNick MereuRobin Anderson
PUBLIC LAWMatthew Andrews – ConvenerBriar Gordon – Council LiaisonDavid Dunbar – Council LiaisonJonathan BassEdrick ChildNick CrangPam DavidsonKatherine ElkinLucy ElwoodRichard EvansDaniel FieldingJudith FyfeElana GeddisLeah HamiltonJeremy Hammington
Sally McKechniePam McMillanJonathan OrpinRachael Schmidt-McCleaveMatthew SmithMelanie SmithGraham TaylorChris TennetIan VernonTania WarburtonJordan WilliamsRowland Woods
WOMEN IN LAWSophie Klinger – ConvenerPatricia Green – Council LiaisonNerissa BarberSarah CatesHeléna CookRachael DewarKate DuckworthKaren FeintLeah HamiltonTanya KennedyKamil LakshmanWendy LiKatherine MextedRuth NicholsCaroline RiegerGeorgina RoodCaroline SawyerJane Traynor
YOUNG LAWYERSJamie Grant – Convenor/ Branch Council LiaisonHelen ArathimosJessica BraithwaiteHeléna CookEmma CurrieKerrin EckersleyRichard EvansNicola FarrellDaniel FieldingNadia Gastaldo-BracJelena GligorijevicLeah HamiltonMonica Hamlyn-CrawshawLorraine HercusAmberley JamesAnnabel MartinIan MillerSam MossmanBevan O’ConnorHadleigh PedlerNigel SalmonsPenny SkinnerMallory WardJordan WilliamsKatie WilliamsSimon Wilson
At its meeting last week the Wellington BranchCouncil endorsed the setting up of a Wellington
Branch Health Law Committee. The membershipwill be published in the near future.
‘Unearthing NZ’sConstitutional Traditions’
A major conference presented bythe New Zealand Centre for Public
Law and supported by the LawFoundation of New Zealand.
29-30 August 2013Parliament Buildings, Wellington
Hosted by: Hon Chris Finlayson QCAttorney-General
www.victoria.ac.nz/nzcpl-conference
Branch Health Law committee established
Deadline September Council Brief – Monday 30 September
The Christian Lawyers Association, Wellington, and the Anglican Chaplaincyat Victoria University are pleased to bring you a public lecture by Dr Jonathan
Chaplain, Director, Kirby Laing Institute for Christian Ethics, Cambridge:
RELIGION, SECULARISMAND THE FUTURE OFLIBERAL DEMOCRACY
1pm, 6 September 2013, Lecture Theatre 2,Old Government Buildings,Victoria University.
Dr Jonathan Chaplin is aspecialist in ChristianPolitical thought; he isDirector of the Kirby LaingInstitute for ChristianEthics, and a member ofthe Divinity Faculty at theUniversity of Cambridge.
Dr Chaplin will argue that religious reasoningcan make a legitimate and beneficial contributionto political debates about the common good evenin a secular and plural society. Dr Chaplin arguesthat secularism has no monopoly on rationality orconsensus-building and that a liberal democracywill encourage open access for all deepconvictions, even while it protects the differentjurisdictions of state and religious bodies.
COUNCIL BRIEF, SEPTEMBER 2013 – Page 5
PORIRUA BAR DINNER
Shanelle Lovegrove and Sarah Mann.Sonia Thistoll and Kerrin Eckersley.
Lara Caris, Katty Lau, Kerrin Eckerley, Sonia Thistoll and Charlotte Hollingsworth.
Jewelly McVay, Greg Gimblett, Kevin Preston, Janine Bonifantand Nerissa Barber.
Megan Boyd, Rohan Cochrane, AndrewMore, Peter Foster and Catherine Reid.
Samuel Wood, Atagai Esera, Deborah Knighton, Fiona Green, Judge MichaelBehrens, Nicola Coulston and Judge Stephen Harrop.
Anna Gillon and Megan Boyd.
Catriona Doyle, Judge Vivienne Ullrich and Catherine Reid.Ken Ah Kuoi, Kathleen Byrne, Sharon France, Tania Davis and Frances Ah Mu.
Geneva Lowe, Jewelly McVay and Greg Gimblett.
Amanda Courtney and John Tannahill.
Christina Billing and Britanny Peck.
Council Brief Deadline October 2013 issue:Monday 30 September
The Porirua Dinner was held in the lovelysetting of the Gear Homestead in Porirua.A beautiful evening, a waning moon and a
magnificent view over the harbourencouraged many on to the balcony.
The Porirua Bar Dinner was held in the delightful surroundingsof the historic Gear Homestead on Wednesday 17 August.
Alf Fairbairn and Amanda Courtney.
Catherine Harris and Mary More.
Page 6 – COUNCIL BRIEF, SEPTEMBER 2013
WHEN I ask lawyers what it means tobe successful in the law, this is whatthey often tell me:1. graduate with honours fromuniversity;2. be offered a desirable judicialclerkship;3. be hired by a firm of their choice; 4.after a successful associateship (whichmight include a stint overseas), bemade a partner at that firm;5. have a thriving practice as a partner;6. retire at a not-too-ripe age to enjoythe fruits of one’s labour.
Does this sound familiar? Is this thelegal equivalent of finding the HolyGrail or could it be a cross to bear?
Having worked in the law for over30 years in three countries, I’vecultivated young lawyers forpartnership, made difficult and not sodifficult partnership decisions, hadtough discussions with fellow partners,and asked partners to leave the firm. Inshort, I’ve seen partners come and go.
Partnership is, in my opinion, moreof an art than a science and definitelynot for everyone. Working out if it’s foryou can be stressful, but in myexperience, there are some keypersonal attributes that you’ll want tohave if you’re going to give it a try andsucceed. Let’s take a look at some ofthese.
What makes a partner great?To be even considered for
partnership, you must be very smart,very technically competent, andwilling to work very hard. That said, Iknow many smart, hard-workinglawyers who were not made partners,or if they were made partners, it didn’twork out for them. Why is that? Whatis it that distinguishes those lawyerswho ‘have what it takes’ from the
others? Here’s what I’ve noticed makespartners great beyond brains and hardwork:1. Entrepreneurism – Law is, indeed,a profession, but it is also a business. Idon’t think being professional andentrepreneurial is mutually exclusive,and the best lawyers combine bothcapabilities. They are self-starters,willing to take calculated risks, doinstinctive cost/benefit analyses whenmaking decisions, know when to holdand when to fold, and build flourishingpractices. You don’t have to love beingan entrepreneur to be considered forpartnership, but some entrepreneurialability will help. Law firms rarely makepartners of ‘grinders’, but they do lookfor ‘minders and finders’.2. Leadership – When I was studyinglaw and working as a young lawyer, noone ever told me I needed to be a goodleader to be a successful lawyer.However, the reality is that lawyerswho are capable leaders are more likelyto be offered partnership.People look up to them, they haveinfluence, they instil confidence inothers, they care about the people whoreport to them, and they unflinchinglymake tough decisions and areaccountable for the results. These areall attributes of successful leaders andsuccessful partners.3. Relationship building – In the law,we focus, not surprisingly, on logic,analysis, and intellectual functioningand often underestimate theimportance of relationship building.Those lawyers who quickly andreliably establish high trustrelationships with colleagues andclients are most likely to be successful.As part of this, it’s important to be agood team player and a good sport.
Certainly pursue the things that areimportant to you individually, but do soin a way that doesn’t burn bridges.4. Practicality – Because success in thepractice of law is also about running abusiness, it’s helpful to be practical.Ultimately, it’s about judgment andsome level of self-discipline. You needto gauge accurately what a client needsand the amount of work you do, so thatthe client is pleased and your bill ispaid. Similarly, you should pursue thelegal issues that are appropriate, whileavoiding going off on interestingtangents. Further, it’s critical to havewhat I think of as a ‘customer-serviceorientation’.When I was practising law, my mottowas that “No matter how wrong theclient is, the client is always right”.Having that approach to customerservice, while getting the job done rightthe first time, takes some very practicalskills. There is nothing inconsistentwith being highly professional and verypragmatic.5. Humour and objectivity – Let’s behonest about it, law is an intense anddemanding profession. Although it canbe very gratifying, a lot of times, it’smore interesting than fun. That said,those people who can approachthemselves and their work with acertain amount of humour andobjectivity will likely be appreciatedwithin any law firm. Being able to seeyourself and others with an appropriatedegree of perspective, while nottrivialising things that matter, is a realskill.6. Creativity and innovation –Despite the focus on precedents andstructure in the law, having a certainlevel of creativity and innovation can bea critical differentiator for potentialpartners. Those lawyers who arecreative and innovative are also oftenremarkably resourceful. Ultimately,clients expect partners to get results,and thinking outside of the box whilebeing very professional can be awinning combination.7. Communication skills – The bestlawyers are excellent oral and writtencommunicators and also capablelisteners. They may have strong egos,but they don’t let hubris get in the wayof their ability to communicate well.8. Flexibility – Being rigid and havingtunnel vision can keep you focused, butlong-term, it can be a problem for apotential partner. Flexible people figureout what needs to be done, considervarious ways of accomplishing that,and collaborate fluidly with others,while retaining their individuality.
Consider an aquatic plant firmlyrooted in the streambed versus a steelgirder embedded in the ground. Theformer adjusts successfully to changingconditions while holding its ground,whereas the latter is strong, butsufficient stress will cause it to snap.Which would you prefer to be?
Partnership: is it for you?When I ask lawyers why they want
to become a partner, they often mentionmoney, prestige, independence,
freedom, being an owner of the firm,and so forth. They never say they wantto be a partner because they will likelyhave to work harder, spend non-billabletime on firm management, and be heldpersonally accountable by the firm fortheir own success and that of their team.In other words, as a partner, the firmwill expect you to be an excellentlawyer, an excellent manager, and askilled business developer.
Ask yourself these questions:* To what extent do I enjoy building apractice versus doing the legal work?* How comfortable and adept am I atbuilding and running a high-functioning, high-morale team, anddelegating as much work to teammembers as I possibly can?* What do I do when I don’t haveenough work in my pipeline to keepmyself and others busy?* How good am I at managing myselfaround other people when under stress,so I consistently lead by example?* How adept am I at being bothcompetitive and collaborative with myprofessional colleagues, especially mypotential future partners?* How do I address issues ofprofitability versus consistent high-quality legal work?* To what extent do I view change asproblematic and stressful, rather than asan opportunity?* How do I integrate being an excellentteam player with being a well-definedindividual?* How do I deal with failure, especiallyin situations where ‘the buck hasstopped with me’?* How comfortable am I with havingno guarantees of financial success otherthan that which my partners and I createday-to-day, billable hour by billablehour?* If I have to reinvent myselfprofessionally due to changingcircumstances, am I resilient andcreative enough to do so?
Be honest with yourself whenanswering these questions, as this willgive you some inkling about your likelyappetite for partnership. You mightfind that a bit of well-placed, thoughtfulsoul-searching before you seekpartnership could be time and energywell spent.
Assess your own capabilitiescritically. If you have someprofessional and/or personaldevelopmental needs, considerworking on them sooner rather thanlater. It’s likely that merely crossing thethreshold to partnership will not aloneaddress those deficiencies. You willlikely find you are the same person onthe other side of the threshold. Othersmay look at you somewhat differentlywhen you don the mantle ofpartnership, but that will only get youso far.
Long-term success as a partnerAssuming you become a partner,
there is likely to be some good newsand some bad news. You will have,indeed, achieved considerableprofessional success and will have
worked hard to do so. Savour theexperience! However, you will nothave ‘arrived’, but rather will beembarking on yet another arduous butpotentially fulfilling journey.
It will not take long for this reality toset in. For example, you may noticealmost immediately that the partnerswho used to give you work to do whenyou were an associate will cease to doso. You will be on your own, albeit withthe support of the firm.
Your challenge will be to go thedistance, similar to the way a cross-country runner paces him/ herself in arace, for so long as you choose to staywith your firm. There will be goodtimes along the way and some realchallenges. I have noticed two factorsthat sustain partnerships over the longhaul. They are shared core values andcollegiality.
By ‘core values’ I do not mean the‘public’ values a firm articulates on itswebsite. Instead, I mean the way thingsactually happen, typically based onunspoken priorities.
For example, if there is a choicebetween doing something that isprofitable versus something that mightconflict with the firm’s public corevalues, what does the firm do? Does thepartnership operate by consensus or bymajority vote? How are non-professional staff treated within thefirm, and to what extent does thisreflect a hierarchical structure versus amore egalitarian one? And so forth. Tryto understand these core values andmake sure they resonate with you.
Although I don’t think it is essentialto like all of your partners, I do think itis critical that you respect and trustthem. This is the collegiality thatprovides the glue to hold a firmtogether. Internal politicking,scapegoating, indirect communication,grudges, and the like can create achronically toxic environment.
Lawyers will often leave a firm notbecause they dislike the work or feelundercompensated, but because theydon’t trust and respect their partners.Pay attention to the culture of the firmbecause it does matter longterm. Isbecoming a partner finding the HolyGrail, or will it be a cross to bear? Itmay take some time to find out, butyou’ll never regret having given it somethought along the way. Best of luck!Emily Morrow, BA (Hons), JD (Hons,Juris Doctor), was formerly seniorpartner with a large firm in Vermont,where she built a premier trusts,estates, and tax practice. Havingformerly lived and worked in Sydneyand Vermont, Emily now resides inAuckland and provides tailoredconsulting services for law firms andlawyers focusing on non-technicalskills that correlate with professionalsuccess; business development,communication, delegation, self-presentation, leadership, teambuilding/management, and the like. Formore information visit her website,www.emilymorrow.com.
Crossing the threshold to partnership: what does it take and is it for you?– Emily Morrow shares the secrets of attaining partnership
Republished with permissionfrom the New Zealand Lawyer
MOVING TO PARTNERSHIP
Enduring powers of attorney: preventing misuse and abuseBy Darien Mahony, Community Lawyer
Community Law Wellington and Hutt Valley
MADESIGNm
Answers for puzzles from page 2
1 arbitrations
2 1 e3 (if 1 Rf1 then 2…Qxh2; if 1d4 then 1…Bxd4 threatening2…QxNf2#; if 1 Kd2 then1…BxNf2 or …QxNf2 {if 1…Qg5+then 2 Ke1 is safer than 2 Kc3owing to 2…Qd4+; if 1 some othermove, then 1…QxNf2#)
COUNCIL BRIEF, SEPTEMBER 2013 – Page 7
THE WIZARD OF ID
Crossword SolutionsFrom page 2
Across: 6 Turn out; 7 Droll; 9 Dip; 10 Henrietta; 12First person; 15 Take your bow; 17 Sprinkler; 19End; 21 Itchy; 22 Replete.Down: 1 Cupid; 2 One; 3 Mule; 4 Green-room; 5Glutton; 8 Proper; 11 Limelight; 13 Stocks; 14Carpets; 16 Unity; 18 Even; 20 Alf.
Cryptic Solutions
Quick SolutionsAcross: 6 Proceed; 7 Corps; 9 Use; 10 Annulment;12 Speculation; 15 Preliminary; 17 Dangerous; 19New; 21 Loose; 22 Agitate.Down: 1 Dress; 2 Act; 3 Mean; 4 Dormitory; 5Opinion; 8 Sullen; 11 Apologise; 13 Camera; 14Creator; 16 Petty; 18 Urge; 20 Sty.
CVs availableat Wellington
BranchTHE Wellington BranchNZLS holds the CVs oflawyers and peoplepreparing for admissionwho are looking foremployment. Contact theBranch to see whetherwe can match up acandidate with the skillsyou are looking for.
COMMUNITY LAW CENTRE
COUNCIL BRIEFThe monthly newspaper of theWellington Branch NZ Law Society
Advertising Rates: casual or contract rates on application. Telephone RobinReynolds, Reynolds Advertising, Kapiti Coast (04) 902 5544, e-mail:[email protected]. Rates quoted exclude GST.Advertising Deadline: for the October 2013 issue is Monday 30 September, 2013.Circulation: 3150 copies every month except January. Goes to all barristers andsolicitors in the Wellington, Marlborough, Wairarapa, and Manawatu areas. Alsogoes to many New Zealand law firms, to law societies, universities, judicial officers,and others involved in the administration of justice.Will Notices: $57.50 GST inclusive for each insertion.Subscriptions: Annual subscription $46.00 incl. GST. Extra copies $5.00 each.Subscription orders and inquiries to: The Branch Manager, New Zealand Law SocietyWellington Branch, P.O. Box 494, Wellington.Editor: Chris Ryan, telephone 472 8978, (06) 378 7431 or 027 255 4027E-mail: [email protected]
Opinions expressed do not necessarily reflect those of the NZ Law Society Wellington Branch or the Editor.
Council Brief is published for the NZ Law Society Wellington Branchby Chris Ryan, and printed by APN Print, Wanganui.
COMMUNITY Law Wellingtonand Hutt Valley (CLWHV) hearstoo often of older people who havepaid for legal advice and thecompletion of an enduring powerof attorney (EPA), yet are confusedabout the EPA or its effect. Thegeneral public seem to lack a goodunderstanding about what an EPAis, why it is useful to the persongiving the power (the donor), andwhat the role is of the attorney whoreceives the grant of power. Thereview by the Ministry of SocialDevelopment of the 2007amendments to the Protection ofPersonal and Property Rights Act(PPPR Act) provided anopportunity for analysis of some ofthe issues with the EPA regime.CLWHV made a submission to thereview.
EPAs at Community LawIt is CLWHV policy that we do
not prepare EPAs or complete thecertificates required for the donor’ssignature. However, we regularlyprovide legal information aboutEPAs. We also assist clients tounderstand and complete thestandard forms to apply to theFamily Court for PPPR Act orders,and we present PPPR Acteducation to the general public andto community workers.
In our experience of dealingwith the individuals andcommunity organisations whocontact us about EPAs, two thingsstand out: the vital need for moreeducation about EPAs and the vitalneed for a central register forEPAs.
The need for educationAge Concern is a group which
also promotes education about
EPAs to the general public, tocommunity workers, and to healthprofessionals. We have togetherpublished a booklet, Planning YourFuture, which is made freelyavailable online,1 at educationsessions, and at our free legaladvice clinics. The bookletprovides potential EPA donors andattorneys with all the necessaryinformation.
The Office for Senior Citizens’website also has information,including the standard forms and aworksheet for anyone wanting anEPA to work through before seeinga lawyer. So how is it that peopleare not well informed? Perhaps theanswer lies in the demographiccurrently requesting EPAs. Mostwill be older people, notnecessarily familiar with searchingthe internet, and perhaps dependenton a trusted advisor providing thepaper work and confirming thatthey are doing the right thing.
Of course, many lawyers maynot be familiar with the widercircumstances of their client’ssituation. Is it the right thing for aclient to appoint a much-loveddaughter as donor when thedaughter lives overseas with ayoung family and is unlikely toknow in detail how things are athome or is unlikely to be able toreturn anytime soon? We are notsuggesting that it is the lawyer’sduty to make these inquiries.Rather, it is preferable that clientsunderstand how, and in whatcircumstances, an EPA works, sothat the client and their family/whanau can take responsibility formaking the decisions that best suitthem.
Health professionals advise thatsome attorneys are also confusedand believe that simply because anEPA exists they can make decisionson behalf of the EPA donor.Attorneys often do not understandthat an EPA for personal care andwelfare can only be activated, andthus the attorney can only makesignificant decisions, when amedical certificate is signed to saythe EPA donor does not havecapacity.
Providing donors and attorneyswith a simple fact sheet customisedfrom what is available on the Officefor Senior Citizens website isone way lawyers could immed-iately improve the long-termunderstanding of the advice theyare giving.
CLWHV also thinks that aneducation campaign about EPAsneeds to be undertaken by theOffice for Senior Citizens,expressly targeting the younger agegroups who will take on the role ofattorneys now and in the future.Once the general population is atease with the concept of EPAs, lessmisuse and misunderstanding islikely.
The need for a register of EPAsDespite the 2007 amendments to
the PPPR Act, it is still relativelyeasy for misuse and abuse of EPAsto occur. For example, a well-meaning (or otherwise) person canarrange to take an elderlyneighbour living independently, orperhaps an elderly relative who isan in-patient, to see a lawyer tocomplete an EPA. This situationlends itself to the possibility thatthe elderly person is at risk ofundue influence to complete an
EPA appointing their ‘friend’ orrelative as their attorney.
A potential problem arises whenan elderly person completes a newEPA when they already have anexisting EPA. Currently, there is noway to check on a person’s EPAstatus. We know that mistakes arebeing made through a lack ofinformation and understanding ofthe effect of legislation in this area.At a public forum on the EPAreview, a geriatrician said that theirhealth professional colleagues hadassumed that where two EPAsexist, the later EPA documentwould take priority. In fact, this isnot the intended effect of theamendments or of the PPPR Act.
Earlier this year, clients attendeda CLWHV free legal advice sessionbecause of their concerns abouttheir father’s EPA and the actionsof his attorney. Their father haddementia and the EPA wasactivated. The attorney was thefather’s ex-wife, and the EPA hadbeen drafted and signed while thecouple was together. They had beendivorced for some years and it wasno longer appropriate for her to bethe attorney. However, it seems thatat the time of the divorce nothought was given to updating theEPA. Unlike a will, an EPAsurvives divorce and remains validuntil it is revoked, and currentlythere is no way of checking who, ifanyone, holds the current EPA. Acentral EPA register wouldstrengthen the EPA concept byadding reliability to its processes.
The MSD ReviewEducation and a central register
are also suggested in the interimfindings of the MSD review of the
2007 amendments to the PPPRAct.2 We hope that the review’sfindings will lead to theimplementation of these and otherideas to help more people to useEPAs well.
Having an EPA in place ispractical and valuable, both to thedonor and to their family/whanau.EPAs also work to reduce anxietyabout future uncertainties, which isimmediately priceless for many.The wider advantages for NewZealand of people having EPAs inplace is the smooth running of, andreduced cost to, rest homes, thehealth system and othergovernmental organisations.
While having an EPA is onething however, having an EPA youunderstand and that is not open tomisuse is another. When choosingan attorney, it’s not about choosingsomeone you like, but choosingsomeone who likes you. Morepeople need to understand that.
Footnotes1 http://www.communitylaw.org.nz/
resources/resources/resource/planning-your-future-enduring-powers-of-attorney/
2 http://www.msd.govt.nz/about-msd-and-our-work/whats-happening/2 0 1 3 / r e v i e w - o f - t h e - 2 0 0 7 -amendments-to-epa.html
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CouncilBrief
Advertising
Page 8 – COUNCIL BRIEF, SEPTEMBER 2013
SITUATIONS VACANT LOCUM
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A large room suitable for a solepractitioner (Barrister or Solicitor)or two, in the central city isavailable at a reasonable rent.
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Please contact:Tom Bennion (473 5755)Frank Handy (473 1863) orJudith Fyfe (471 0117)
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Room(s) available in WellingtonCBD with other professionals.Building is 80%+ of currentearthquake code (engineer’s reportavailable), harbour views,secretarial services, latest IT,meeting room, reasonable rates.
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Room(s) available forrent in Wellington CBD
THE most recent earthquake addedmore books to the floor collectionand more significantly one of thebracing beams on the second floorshelves came off. So bothearthquakes caused damage.However, it has been promptlyrepaired. While all this washappening Librarian RobinAnderson had chosen to go onholiday so the remainingWellington library staff did amagnificent job coping, tidying up,repairing and making the librarywork well. They deservetremendous thanks from all of usfor this effort.
Legislative instrumentsWe have a new name for what
was previously StatutoryRegulations, Orders and Rules. It isalready in use on the government’slegislation website and from 2014the abbreviation used for what wereregulations will be LI. This does notaffect the name of each document,so the Family Court Rules do notchange name. But it does affect thewebsite so use LegislativeInstruments when you searchwww.legislation.govt.nz.
Internet newsAustlii is working to backfill the
judgment collections of the variousAustralian states by digitising theofficial reports that are available forthis. Queensland and WesternAustralia are now the only statesleft that do not have historic statereports available from Federationor earlier. http://www.austlii.edu.au/
BRENNAN, Toni Therese IrmaLate of 16 Krull Street,Vogeltown, Wellington. Retired.Died on 19 July 2013.Anne-Marie McKenzie (nee Brennan)PO Box 54192, Mana 5247Tel 021 435 [email protected]
COBB, Ricki KeithLate of MastertonDied at Carterton on5 November 2011.Ainslie HewtonPO Box 382, MastertonDX PA89049Tel 06 377 5537 Fax 06 370 8688
FLOOD, George PitaLate of 39 Edith Street, MastertonDied at Mastertonon 3 August 2013.Ainslie HewtonPO Box 382, Masterton 5840DX PA89049Tel 06 377 5537 Fax 06 370 8688
GRANT, Shirley GenevieveLate of 3 Tolhurst Street,Johnsonville, Wellington.Married. Age 56.Insurance Consultant.Died at Wellington on 24 June 2013.Public Trust (Daniel Monaghan)PO Box 31446, Lower HuttDX RP42084Tel 04 978 4860 Fax 04 978 [email protected]
HARRIS, IliganoaDied on 2 July 2013.Collins & May LawPO Box 30614, Lower HuttTel 04 576 1411 Fax 04 566 [email protected]
JANES, Gerald NormanLate of Lower Hutt. Died on 20 July2013. Please advise if aware of awill dated after 24 April 2007.Robert BraceTel 04 237 8880 Fax 04 237 8844
Please contact the solicitorsconcerned if you are holding a will
for any of the following:
FOR URGENT ACTION
WILLENQUIRIES
The cost of a will notices is $57.50 (GSTinclusive). Please send payment with yournotice.Will notices should be sent to the BranchManager, NZ Law Society WellingtonBranch, PO Box 494, Wellington.
Commercial Law Intensive,Wellington: New Zealand Law Society2013 KN250.L1 NEW
Criminal Procedure Act and Legal Aid– new fees and other changesWellington : New Zealand LawSociety 2013 KM500.L1 NEW
Interpreting in New Zealand: thepathway forward, Wellington: Office ofEthnic Affairs 2009 KL230.5.L1 INT
Matua rautia: the report on the kohangareo claim, Lower Hutt, New Zealand:Legislation Direct 2013KM208.44.L1 NEW
The Ngati Kahu remedies reportWellington: Legislation Direct2013 KM208.433.L1 NEW
Trusts – best practice in 2013Wellington : New Zealand LawSociety 2013 KN210.L1 NEW
CouncilBrief
Advertising
By Robin AndersonWellington Branch Librarian
Library News
One of the bracing beams on the second floor book shelving, intended tostrengthen the shelving in the event of an earthquake, came down as aresult of the quake of Friday . It connects each row of shelving to the
next, but not to the wall or ceiling.
New books at theNZ Law Society
Library Wellington
THE 79th DEVIL'S OWN GOLF TOURNAMENTis being held on 27 to 30 September 2013 in Palmerston North.
Entries are open on-line, all welcome. www.devilsown.org.nz
Books on floor and more as result of quake
Exciting opportunity for new or junior lawyer.
Impact Legal is a Wellington law firm, specialising in property, commercial and corporate law. We provide specialised legal services to a broad client base of large corporations, small/medium sized businesses and private clients.
We have an immediate vacancy for a new or junior lawyer who wishes to be involved in property, commercial and corporate law at the highest and best level.
We expect the successful applicant to have a very good academic record, to be friendly, outgoing and decisive. We will train you to be an excellent lawyer, and will give you immediate contact with the firm’s clients.
There are excellent future prospects here.
If you are interested, you should forward your CV no later than 13 September 2013 to:
Jade Aislabie Impact Legal PO Box 10-660 Wellington
