Canterbury tales
Canterbury tales
Canterbury Westland Branch New Zealand Law Society
April 2015, Vol. 21, No. 3
2015 LAW DINNER
Minister welcomed ‘home’
On 20th March 2015 one hundred
and eighty impeccably dressed
practitioners attended the Law
Dinner.
It was held at the Hagley Oval Pavilion which
was an excellent venue with a superb view of
the world-class cricket pitch.
Hon Amy Adams, Minister of Justice, along with
her husband Don, were the special guests of
the evening and Minister Adams delivered a
very informative and entertaining after-dinner
speech.
Minister Adams was introduced by Nigel
Hampton QC. Nigel, prior to this introduction,
was presented with a gift to celebrate his 50
years in practice. While this was an unexpected
surprise for Nigel it did not impact on the
delivery of his introduction which, as can be
seen in the following speech notes, was both
welcoming and thought provoking.
It is a privilege to introduce the Hon Amy
Adams, New Zealand’s 48th Minister of Justice
— and only the third woman to occupy that
role in the last 145 years. I know that I speak
for your fellow practitioners here tonight
Minister — welcome, welcome back, what a
pleasure to have you as our honoured guest.
As an aside Minister, we do hope that you last
somewhat longer in your present role than your
distaff fellow the Hon Annette King — a bare
year; and that you do not meet the fate of your
immediate distaff predecessor the Hon Judith
Collins — and as to that resignation, Sir William
Young will maintain to his grave that her fault,
the cause of her fall, was naming a lane in the
new Christchurch courts’ complex “Robert
Chambers” and not “William Young”.
Mayhaps it is within your purview to remedy
that insult (to Canterbury practitioners at least
an insult; an Auckland name with no Canterbury
connection, unlike you I hasten to add), to
remedy that insult — although, self-interest
apparent, I do observe Minister, only if in case
it escaped your notice (and I’m sure it didn’t),
that the moniker of your humble supplicant
now speaking did win a Stuff poll as to what
the lane should be called — and humbly he
The top table. Back row, Don Adams, Judge Saunders, Chris Moore, Allister Davis, Nigel Hampton
QC. Front row, Hon Amy Adams, Colin Eason, Christine Grice, Peter Whiteside QC, Justice Chisholm.
More photographs Pages 6 and 7.
observes, won that poll by a considerable
margin.
And an aside on an aside — on matters about
the new courts’ complex, sitting today at the
swearing in of Coroner Elliott, I could not help
but consider the destiny of that beautiful
Victorian dais and canopy that has graced our
Christchurch superior court for nigh a century
and a half.
Surely room Minister for its incorporation in the
new court. It is history. Canterbury practitioners
have fought to save it once. Must we again? I
say no more.
The word “distaff” I use advisedly. Because I
want to pick up its original meaning as the
device — later extended to the person who used
such device — and so the device or the woman
that keeps the threads untangled.
Exactly the qualities needed in a Minister of
Justice methinks — keeping the threads
untangled. However, as a new Minister picking
up the work of your predecessors, one would
expect that there will be some disentangling
of their work to do (and I may mention some
tangled threads — yea knots even — later in
this address) as well as finding and using the
threads which you wish to see used in the
tapestry of justice.
Cicero spoke a profound truth when he said
that “the foundation of justice is good faith”.
So think of yourself in your role, Minister, as
being the chief administrator of a system of
good faith. If you do that then I suggest that
the fate which befell the Japanese Minister of
Justice in 2010 will not befall you.
He (of course a “he”) was forced to resign after
he proudly, and widely, proclaimed that, in the
House, when facing any question, he had only
to use either of two answers in reply — “I do
not comment on specific cases” or “We are
dealing with the matter appropriately based on
law and evidence”; a familiar ring, I wonder,
and I do not mean a ring coming from you
Minister, but from some of your colleagues/
predecessors perhaps?
Not only will you avoid that fate, but you will
also avoid falling into the category lampooned
by the drunken Irishman’s claim of “What is
the funniest joke in the world? A Minister of
Justice.”
Continued Page 3
22
Canterbury
Canterburytales
tales
Vino Fino
Photo Caption
Each month we have a photo caption
competition where we invite you to submit a
caption. The winner will receive two bottles of
wine sponsored by Vino Fino (www.vinifinoco.nz,
188 Durham Street). Send your entry to the
Canterbury Westland Branch New Zealand Law
Society, P. O. Box 565, Christchurch. Or email
to [email protected]. All
entries must be received by May 9 2014. The
winner will be announced in the next edition
of Canterbury Tales.
Unfortunately there were no entries for last
month’s picture (below). We look forward
to a better response to another with a
culinary theme above..
President’s Column
Dear Colleagues,
I have recently had a very worthwhile time at
yet another Council meeting of NZLS. It is
always a great experience to relate with and
listen to the Branch presidents and section
chairs.
I am always grateful that in the Canterbury
Westland Branch we are the collegiate capital.
The volunteer spirit thrives here. My grateful
thanks to each of you who contribute in so
many ways.
Although we do not have much of a city, we
do have a very visible architecture of
relationships which is robust and healthy. This
was particularly evident at the recent Law
Dinner held to mark the appointment of the
new Minister of Justice. This was another grand
affair.
As usual on a visit to Wellington you find out
the latest “catch phrases”. On an earlier
occasion I learned “picking the low hanging
fruit” meant doing the easy tasks first. Also the
absence of “pushback” meant there was no
opposition to a proposal.
Allister Davis also provides useful insight as to
how these phrases might be used. He assured
me that I should not be overly worried and
doubted I would ever experience any form of
pushback from a low hanging fruit. Strange
fellow.
You will be eager to know that the current
trendy word is “mindfulness”. Up North they
have even run some seminars on this topic.
Evidently it means being mentally present to
the exclusion of all other distracting thought.
Most of us I suspect have, over the last four
years or so, developed quite the opposite
approach. That is how we coped with the chaos.
For me that is what helps me walk through the
central city area without the need for
antidepressants. Anyway, the people up North
may come and teach us about this new
approach....should be a lot of fun.
On a slightly more serious note, you will be
interested to know that the Intervention Rule
amendment which was approved by the NZLS
Council last year has now been approved by
the Minister of Justice. The new rule will come
into effect as and from the 1st of July 2015.
Congratulations
To Coroner Marcus Elliot — sworn in as a
coroner on the 20th of March this year. Marcus
served as a Council member of your Branch
and made various other contributions to the
Law Society including being a member of a
Standards Committee and the author of many
witty articles. No doubt he will soon be
contributing to a gothic death journal soon.
Awards
Andrew Logan — for entertaining revelations.
Andrew as you know has always had a
fascination for the sea. He swims in it, sails
over it and often dreams about it. Recently he
is said to have clearly stated that he has had a
lifetime passion and interest in pirates (similar
to Paul McCartney I believe). As you know the
typical pirate is a person with one leg missing
and a lust for treasure. Until next time.
Colin Eason
A1 Book Restorer
Darren Rigden, Craftsman
Restoration/Binding Specialist
NZLS & MOJ Endorsed
Ph 981-2275 or 027 671-4440
[email protected]
www.a1bookrestorer.com
Canterbury tales
3
Minister at Law Dinner
Continued from Page 1
In your early days in the law, you were known
for a certain candour, some would say
bluntness. A welcome attribute, but one which
needs be tempered to the occasion. I hear of
an early appearance as junior counsel in the
Court of Appeal, when becoming vexed with
the careful treading of your senior with the
judges you, in a sotto voce aside to your leader,
clearly heard by the judges (to their
amusement), told him “For God’s sake, they
are starting to patronise you, bloody well get
into them”.
A prescient Henry J is reputed to have said “Mr
Kirkland, your learned junior shows much spirit;
she shall go places” — may I suggest, not
unreasonably, that your leader wanted you to
go places right then. But here you are, in a
place which I suspect even Sir John Henry did
not anticipate; but with spirit unquenched and
candour unmuted, from all I hear.
During my lifetime Minister, I believe that New
Zealand has had two outstanding Ministers of
Justice, Rex Mason and Ralph Hanan, so one
of each stripe. Both are still known for the law
reforms which they instituted, both were known
as people of good faith.
It may not be any coincidence, I suggest, that
both were long standing Ministers of Justice,
the former 14 years in total, the latter nine years.
Reflective deliberateness in law reform is a very
good characteristic indeed — observe what is
truly tangled and then reflect on how best to
untangle, that is no bad prescription.
I stress “what is truly tangled” — may I suggest,
of course with the greatest respect, that your
predecessor two back, the Hon Simon Power,
only in the office some three years, perhaps
viewing himself as a latter-day Ralph Hanan
and wishing to leave behind a legacy of
substantive reform, only tangled —
unnecessarily — many threads and left far more
ponderous and complex court procedures
behind him, especially in his so-called
“simplification” of criminal law procedure. Some
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disentangling to be done there, I’m afeared
Minister.
One, nay two, further comments before I cease
my sermonising and move to other matters
Minister.
First, reflecting on the Martin Luther King saying
that “injustice anywhere is a threat to justice
everywhere”, may I ask you, at the very least
(and I hope for more), to re-visit and to give
earnest consideration to establishing a
permanent Criminal Cases Review
Commission.
There is a need for such, I believe, my opinion
based on not only my over 50 years’ experience
in criminal law but also on various studies and
commentaries, both domestic and overseas. A
constrained appellate system does not suffice.
And just think, you could remove from off your
desk that conundrum, which has sat on the
desk of some 7 of your predecessors (again of
both stripes), untouched, the Peter Ellis case
(so recently, and emphatically, publicly
commented on by Sir Graham Panckhurst,
retired Justice, and the former Supreme Court
Justice Bill Wilson). Start untangling this knotted
ball Minister, please.
The second is this (and hear speaks the
hopeless idealist) — notwithstanding the party’s
whips’ threats, I would love to see the day when
a Minister of Justice took a stand on principle
and supported the Attorney-General when that
law officer forms a view on a particular piece
of proposed legislation and reports that it is
inconsistent with the New Zealand Bill of Rights.
My plea, a Minister to stand against the
circumvention of that inconsistency by means
of, so often, some spurious justification. (As an
aside, perhaps you might start giving thought
to this long-term goal, i.e. making the Bill of
Rights superior law and entrenching it).
For the Minister of Justice’s role is not just some
token position. It is not like the role mentioned
in a Czech anecdote which dates back to before
the fall of the “iron curtain”.
The Czechoslovakian government set up a new
Ministry of Naval Affairs and appointed an
apparatchik as the Minister of Navy. As
Czechoslovakia was completely landlocked and
the Czechs had no navy, the Russians
questioned this. “Oh”, was the reputed Czech
response, “if the Bulgarians can have a Minister
of Education and, especially, if the Russians can
have a Minister of Justice, why can’t we Czechs
have a Minister of Navy”.
Minister, as a University of Canterbury law
graduate (LLB Hons 1992), as a former
Canterbury “active” practitioner (I pause on
“active” — the U C Law School’s newsletter’s
adjective, not mine; but fitting I know Minister
with your repute as straightforward, tough and
competitive — at lobbying law and lobbing
tennis; yet still I cannot envisage a “passive
practitioner”.
But I now fully understand where “active”
comes from having heard tales of how, as one
of the self-styled “Three Musketeers” — Tony
Herring the first of the three, of course, the
second Hamish Douch, the third your good self
— of how you would revel hard and end up
under the table, as Friday lunches went on for
ever — ah, there’s the elusive “passive
practitioner” — anyway, as both a Canterbury
graduate and a Canterbury practitioner from
1994 to 2008, when you entered Parliament,
from those things we do know that you are no
mere apparatchik and that you are not a
Minister passively presiding over a non-existent
and meaningless Ministry.
We know that you will perform your role
conscientiously and well; and that, schooled
and practised in the Canterbury ways as you
have been and are, you will bring good faith to
bear on all your demanding responsibilities. And
remembering as you make your way, again
quoting Cicero, that “Justice is the crowning
glory of the virtues”.
A toast then, please, to our Minister of Good
Faith and Virtue — to Amy Adams, the
Canterbury profession’s congratulations, our
best wishes.
24
Canterbury
Canterburytales
tales
Lawyers and transitions
By Andrew Nuttall
Director, Bradley Nuttall Ltd
Over the last few years I’ve
undertaken research on the
challenges lawyers face.
More recently, I undertook further research in
conjunction with an Auckland-based colleague,
Laetitia Peterson, for her recently published
book, Legal Tender.
One of the chapters explores the concept of
transitions and the different career stages of
lawyers, including; living on the breadline, the
kiwi dream of home ownership, happily ever
after in marriage, when the going gets tough in
relationships, the big OE, the cost of raising
children, caring for elderly parents, sabbaticals
and moving into retirement.
We are frequently reminded that life means a
lifetime of constant transitions, Mark Twain’s
quote sums it up well “life is one damn thing
after another.” But that’s just our own lives.
How much of lawyers’ and financial advisers’
work is involved with clients going through
major transitions? For example, the sale or
purchase of a home, building, business or farm
and marriage, separation and retirement.
Laetitia’s book references William Bridges
ground-breaking book Transitions — Making
Sense of Life Changes, which offers simple
and profound insights into the processes for
successfully navigating change into a hopeful
future.
Bridges defines three stages in each transitional
process. Somewhat counter intuitively, the first
stage is always Endings”, as the key to how
we can begin anew.
The second stage, The Neutral Zone, is a
“seemingly unproductive time when we might
feel disconnected from people and things in
the past, and emotionally unconnected in the
present”.
It is a time of reorientation and adjustment.
During this stage it can be productive to take
more gentle care of ourselves (and our clients)
and give ourselves (or them) permission to
not have to make any major decisions.
The final stage, The New Beginning, is a time
to understand the external and inner signals
that point the way of the future. But while all
of this is going on in your life, your finances
may be taking a wild turn which adds another
dimension to the turmoil.
Trying to summarise the key conclusions of a
book in three paragraphs makes transitions
seem much easier than they are. Transitions
are often stressful. In a profession that is
renowned for its stress levels, lawyers can often
find transitions doubly hard.
Research from the United States found that
lawyers were the most frequently depressed
profession in the US, with lawyers 3.6 times
more likely to suffer from depression than nonlawyers.
I think that reference to this shocking statistic,
and the reminder of the importance to look
after oneself found in Legal Tender, is one of
the key reasons that Peter Whiteside QC made
the following endorsement of the book at its
launch:
“I commend this book for lawyers. It should be
compulsory reading. It is very logical, very well
written and easy to read.”
Readers may find it very helpful to explore these
concepts, and others in the book to help their
clients, and themselves, through major
transitions.
In follow up articles we will write more on the
transition into retirement and how planning can
assist in this process. If you would like a copy
of the Laetitia’s book, please make contact.
Andrew Nuttall is an Authorised Financial
Adviser at Bradley Nuttall Ltd. Phone 364-9119,
www.bnl.co.nz. His disclosure statement
available on request and free of charge.
Wynn Williams prizegiving
By Guy Carter
Wynn Williams hosted three top
students at the Canterbury Law School,
along with their families and lecturers
on 12 March 2015.
Wynn Williams has sponsored the Torts and
RMA prizes for a number of years. This year’s
winners were Jordan Halligan, Torts; Anneke
Williden, RMA; Cyrus Campbell, RMA.
It was a fine evening and a good opportunity
for the firm to show off the balcony at its new
offices. Dr Chris Gallivan remarked in his speech
that the faculty would enjoy the chance to catch
up more regularly with the firm, a slight
deviation from his approach last year when the
event was held at the firm’s temporary offices
at Homebase!
In all seriousness, it was fantastic to hear that
LAWS101 enrolment numbers have improved,
which is just reward for the dedication and
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passion shown by Chris, the lecturers, and staff
at Canterbury Law School.
Jared Ormsby, executive chair of Wynn Williams,
welcomed the prizewinners, their families, and
the faculty. There was some discussion
regarding whether torts was really just ‘making
up policy arguments’, but Jordon’s analytical
skills were ultimately congratulated equally as
highly as his creativity.
Anneke and Cyrus both expressed their love
for the RMA (reports have been received that
David Round was heard choking on his wine
around this point) and both thanked Professor
Toomey for her excellent teaching.
Wynn Williams was very pleased to host a most
enjoyable function and congratulates to Jordan,
Anneke and Cyrus on their wonderful
achievement.
Canterbury tales
7
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Ltd (Next) - business sold to Next for $72.3M
in most cases he has done so at legal aid rates.
with payment of $8M to Mr T in consideration
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acknowledged
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competitor - substantial agreement reached
On behalf of the Bar, but particularly the North
between parties on division of assets under
Canterbury Bar, I wish him well, and also his
Property (Relationships) Act 1976 (the Act) ever
supportiveissue
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times ahead of them.
May it please the Court.
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$8M for restraint of trade - Family Court found
payment was separate property under s9(4)(a)
because it was received by Mr T after separation
and no portion of payment should be treated
as relationship property - Family Court Judge
found that parties had agreed that assets of
trust were to be treated “as in effect relationship
property” - Supreme Court noted that s 9(4)
issue was very similar to the s 44C argument
which the Family Court addressed - viewed
Family Court Judge’s approach to s 44C too
austere - on appeal High Court agreed payment
was Mr T’s separate property but exercised
discretion under s9(4) to treat part of payment
as relationship property - amount of
apportionment to be determined by Court on
further evidence if parties failed to agree - Mr
T successful in Court of Appeal which held: (i) $8M in entirety was Mr T’s separate property;
- (ii) not right to exercise s9(4) discretion to
treat payment as relationship property in whole
or in part - discussion of authorities on
treatment of goodwill and restraints of trade
under the Act - whether payment represented
monetisation of property right personal to Mr
T derived during relationship and thus
relationship property - whether appropriate to
classify payment as relationship property under
s9(4) - Supreme Court rejected argument for
Mrs T based on “principal’s goodwill”
comprising “property interest” under the Act the Court noted Z v Z (No 1) was not decided
on the basis of the idea that the practical ability
to obtain payment in consideration for a
restraint of trade associated with the sale of
business was an independent property right rather business assets should be valued on the
assumption that such restraint of trade
covenants as are necessary to ensure the
practical transfer of the goodwill of the business
will be available on sale - the business is being
valued not the ability of one or other of the
parties to extract a payment for a necessary
restraint of trade.
HELD: appropriate to classify the $8M payment
for restraint of trade as relationship property
under s9(4) Property (Relationships) Act 1976
- parties agreed that trust assets were to be
treated as “in effect relationship property” -
Canterbury tales
New Zealand’s legal research tool
practical effect of agreement that transfer of
HFI shares to trust would not be allowed to
operate to prejudice of Mrs T - exercise of s9(4)
discretion means of giving effect to agreement
- if the HFI shares had remained relationship
property, the $8M payment would have been
relationship property - purpose of restraint
solely to protect business goodwill acquired inappropriate to make any allowance for a
portion of the payment as remuneration for
transitional services - appeal allowed and
judgment of Court of Appeal set aside payment declared to be relationship property case remitted to Family Court for orders giving
effect to declaration - appellant awarded
Supreme Court costs of $25,000 together with
disbursements to be fixed by Registrar.
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26
Canterbury
Canterburytales
tales
Law Dinner
Contiued from Page 1
Canterbury tales
7
28
Canterbury
Canterburytales
tales
Explaining lawyers actions
Bradley Nuttall held the first of their
Futurequip events on the 25th
March at the Canterbury Club.
Futurequip events are a new initiative by
Bradley Nuttall designed to inform and
empower the attendees by providing
information on a wide range of topics. The focus
of the evening was the launch of the book
Legal Tender by Laetitia Peterson, founder and
CEO of The Private Office.
Based on 61 in depth interviews with New
Zealand lawyers, Legal Tender reveals how
and why lawyers make the decisions they do
about managing their money and provides
sound money-minding methodologies to help,
especially those in the legal profession to care
for the people and things they are about.
Anecdotal evidence suggests that there is still
considerable room for most lawyers to improve
their money management and financial
planning processes.
The evening was well attended by the legal
fraternity in Christchurch and consisted of a
moderated Graham Norton-style panel
discussion with Laetitia Peterson, the author,
Andrew Nuttall and Scott Rainey of Bradley
Nuttall, both contributors to the book, and Peter
Whiteside QC.
The discussion was by turns both entertaining
and insightful and judging by the audience
response definitely relevant. A question and
answer session followed the panel discussion
which allowed further exploration of individual
issues.
Andrew Nuttall and Laetita Peterson signing copies of Legal Tender before the book’s launch.
As Miriam Dean CNZM QC said in her review
of the Legal Tender, “regardless of career stage
or income level, all lawyers will find Laetitia’s
book useful in identifying their money
personalities with a view to planning wisely for
their retirement, Laetitia likens the necessary
financial layers to those of an onion, with the
same propensity for tears if ignored!”
Free copies of Legal Tender were given to all
those who attended. We understand that a few
extra copies are available for those who would
like one. Please email Bradley Nuttall directly
at [email protected]. Mail to: [email protected] or call
them on (03) 364-9119.
NAVIGATING A REBUILD WITH YOUR CLIENTS?
• Are you certain that your clients are getting a fair deal?
• Have they been provided with all of the costs?
• What other options are available to them?
At Golden Homes we have over 25 years building experience and a
detailed understanding of insurer requirements and options. Add in
more than 65 years of legal experience from our 3 in-house lawyers
and Golden Homes is in a unique position to assist you and your clients.
We provide:
• Cash Out Options (House and Land Packages / Rebuild on existing site / Rebuild elsewhere)
• Fixed Price Building Contracts for all sites
• Fixed Price TC3 foundation options
WE CAN GUIDE YOU AND YOUR CLIENTS THROUGH THE PROCESS
Golden Homes
Graeme Odams
Amelia Simpson
Denise Booth
Tel: 03-377 7940
Tel: 021-778 998
Tel: 027-706 6207
Tel: 027-295 4920
JOHN BURN
MEDIATOR
Associate Member of Institute of
Arbitrators and Mediators of
Australia.
Many years experience at the Bar
in Christchurch and Sydney.
103 Rugby Street, Merivale 8146.
Phone: 355-8079
email: [email protected]
Canterbury tales
9
Congratulations
Colin Abernethy, right, is presented with the Hunter Cup by last year’s winner Mark
Sherry.
Community Link at
Christchurch District Court
(CLiC)
CLiC makes it easier for people, families,
and communities to access the help
and support they need including:
• Work and training opportunities
• Financial assistance from Work and Income
• Housing advice
• Information about community-based
services for families
Who can access CLiC
This service is focussing on youth between
17 and 24 years. However anyone with
concerns can access this service.
Contact details
Call or text Dallas on
029-660-0018
Email
[email protected]
The CLiC service is delivered by Work and Income
in partnership with the Ministry of Justice.
Hunter Cup to
Colin Abernethy
By Julian Clarke
The Hunter Cup was played this year at the
Russley Golf Course. The course has recently
completed multimillion-dollar renovations to its
playing surfaces and was in great condition.
A very healthy field of lawyers, accountants and
sponsors braved the stunningly perfect weather
conditions to have an incredibly enjoyable
round of golf.
There were golfers there of all abilities and the
after-match function included some prizes for
wayward shots and other such entertaining
stories. The Hunter Cup itself was won by Colin
Abernethy.
Due to a brilliant piece of organising the golf
was on the same day as New Zealand played
South Africa in a semi-final of the Cricket World
Cup. This meant that we were able to watch
the game out of the corner of our eye during
the dinner, hold the prize giving during the
innings break and then continue to watch the
next four hours of cricket on the big screen
TVs in the wonderful company of some great
legal colleagues.
It is certainly fair to say that the atmosphere
was tense and exciting throughout the innings
and one of elation at the final result.
The event was a fabulous occasion. The
organising team did a great job, the team at
Russley for both the green keeping and the
food were fantastic and the after-match
entertainment was unbeatable.
We hope that more lawyers will invite their
accounting colleagues to next year’s Hunter
Cup event.
Congratulations to Coroner Marcus Elliott,
above, who was sworn in as a Coroner on
20th March this year. We would like to
thank Marcus for his support of The
Canterbury Westland Branch over the
years. He has served as a Council member
and a member of a Standards Committee
as well as contributing articles to
Canterbury Tales. We wish him all the best
in his new position.
Comings
& Goings
We regret due to privacy concerns that we are
unable to publish the very popular “Comings
and Goings” column unless you actually provide
us directly with the information to be included
in this column.
Please send all information relating to changes within
your firms to [email protected].
We will assume that by the firm supplying us
with the information the individual people
concerned have agreed to their names being
published in Canterbury Tales.
Joined firm
Brent Selwyn has joined Kannangara Thomson
as a partner.
Luke W Hayward has joined Parry Field Lawyers
as an associate.
David Ballantyne has joined Canterbury Legal.
Saima Zafar has joined Craig Paddon Lawyer.
Hannah Reuben has joined Craig Paddon
Lawyer as a law clerk.
Change of status
Peter R van Rij moves from partner to
consultant with Parry Field Lawyers.
Change of address
Craig Paddon have moved their Christchurch
Branch from 14 Bealey Avenue to 110 Bealey
Avenue. Contact details are PO Box 36 525,
Christchurch 8146, phone 03 365-8280, fax
03 365-8286. The firm’s name has changed
from Legal Options to Craig Paddon Lawyer.
2
10
Canterbury
Canterburytales
tales
Canterbury Westland Branch/NZLS
Education Programme
Proudly sponsored by
14-18 June — Advanced Litigation Skills for
Criminal and Civil litigators.
18-19 Auckland, 25-26 Wellington and live web
stream — Trusts Conference.
Christchurch Branch Seminars
Family Law Practitioners — Remedial Measures
to Consider in COCA proceedings. Information
in Weekly Notices.
Practice Notice
NZLS Continuing Legal Education (CLE
Limited)
To register and for other information
check the CLE website,
www.lawyerseducation.co.nz
Christchurch
May
5 — Insurance — New Challenges.
6 — Prospering as a small to mid-size firm in
NZ.
7-9 — Stepping Up.
11 — Time Management — Managing
Information Flow, Webinar.
18 — Managing the Employment Relationships,
Webinar.
21 — FATCA — Implications for Law Firms and
Clients, Webinar.
25-26 — Introduction to Company Law.
25 — Evidence — Hostile and Difficult
Witnesses, Webinar.
25 — Judicial Review.
26 — Elder Law Intensive.
Situations Vacant
June
4 — Section 21 Agreements — Shades of Grey.
8-9 — Introduction to Family Law Advocacy and
Practice.
8 — The New Intervention Rule — what you
must know, Webinar.
9 — How to Run A Jury Trial.
10 — Employment — the blurred lines between
an employees work and private life, Webinar.
16 — New Family Justice System — 15 months
on.
Out of Christchurch
4-5 May — Introduction to Criminal Law,
Auckland.
5-6 May — Lawyer as Negotiator, Auckland.
7 May — Auckland, 8 May Wellington — IT and
Online Law Conference.
7 May — Auckland — Class Action proceedings
— strategy, logistics and funding.
12 May — Challenges for Bodies Corporate,
Auckland.
11-12 May — Introduction to High Court Civil
Litigation Skills.
19-20 May — Lawyer as Negotiator, Wellington.
26 May — Auckland — Spousal Maintenance —
navigating stormy waters.
9 June — Property — Conflict of Interest,
Auckland.
11 June Wellington, 12 June Auckland —
Intensive Corporate Governance.
Solicitor, Legal Executive and
Legal Secretary
• Boutiquelawfirminprimelocation
• Propertylawfocus
• Challengingandvariedroles
Ourclientisathrivinglawfirmspecialisinginpropertylaw,trustsandestates.Duetoongoing
growth,ourclientrequiresanumberofexperiencedandenthusiasticlegalprofessionalstojoin
theirbusyteamandassistinprovidingahighstandardoflegalservicestotheirloyalclientbase.
WeareinterestedinhearingfromLegalSecretaries,LegalExecutivesandSolicitorswhohave
provenexperienceinpropertylaw,trustsandestatesandarelookingfortheirnextchallenge.
A“cando”attitude,closeattentiontodetail,andtheabilitytoworkaspartofateam,aswell
asunsupervisedarehighlydesirableattributesfortheseroles.
Ourclientcanofferastimulatingandsupportiveworkenvironment,anattractiveremuneration
packagefortherightperson,aswellasopportunitiesfor
careerdevelopment.
If you would like further information and/or a copy of any
of the position descriptions, or to apply for any of the roles
please contact Madeleine Hawkesby on 021 495 993, or
email: [email protected] or you can view
more detail on our website: www.hawkesbyandco.co.nz
All enquiries and applications will be treated with the
strictest confidence.
Canterbury tales
Situations Vacant
11
Has your client considered
including a charity in their will?
Please give them the opportunity
to leave a legacy to St John that will
provide a vital service to benefit their
community.
St John
Email [email protected]
or call the Legacy Coordinator
South Island Region for
further information:
03 353 7110 ext 3238
Resource Management Associate
5+ years
Christchurch
Simpson Grierson is home to New Zealand’s largest environmental planning and
resource management team.
An opportunity exists to join this team of experts and be involved in many of the
country’s leading resource management cases and most significant projects.
The team are ideally seeking an Associate with a minimum of 5 years’ PQE and
experience in resource management and local government law. They will have a
particular interest and experience in RMA planning, either plan change or district plan
review work. In addition, they will have advocacy experience, which might include
commercial litigation or construction work relating to planning or consenting issues and
development work before local authorities and the Environment Court.
This role offers autonomy, court exposure and an opportunity to work within a leading
RM practice. Simpson Grierson supports progression and promises a collaborative and
innovative environment of excellence.
Please contact Jennifer Little for a confidential discussion at: [email protected]
Your legal search and recruitment partner
021 611 416 / www.jlrnz.com
Canterbury Tales is the official newsletter of
the Canterbury Westland Branch New
Zealand Law Society.
Publications Committee: Karen Feltham
(editor), Brendan Callaghan, Aliza Eveleigh,
Zylpha Kovacs and Kate Dougherty.
All correspondence and photographs should
be forwarded to: The Branch Manager,
Canterbury-Westland Branch New Zealand
Law Society, Unit 1, 8 Homersham Place,
Russley, Christchurch. P. O. Box 565
Christchurch.
Phone 358-3147, fax 358-3148. email
[email protected].
Canterbury Tales is published 11 times per
year. The deadline for editorial and
photographs is the 8th of the month.
Disclaimer: Canterbury Tales is published by
the Canterbury Westland Branch New
Zealand Law Society. The opinions expressed
herein may not necessarily be those of the
Branch and have not been expressly
authorised. The Branch accepts no
responsibility whatsoever for any error,
omission or statement.
2
12
Canterbury
Canterburytales
tales
Lawyer with a varied resume
By Kathy Basire
Having an AK47 pointed at your head
fortunately is a rare occupational hazard for a
lawyer.
However it was one that Rabia Siddique faced
in 2005 when as a British Army legal officer
she was asked to help negotiate the release of
two hostages being held in Basra, Iraq.
Rabia was not a trained hostage negotiator but
she had gained the trust and respect of the
local Iraqi judges during her deployment to Iraq
and when negotiations broke down they asked
for her. A woman. An Australian-born British
Army Officer. A Muslim by birth who had made
the effort to learn Arabic in order to carry out
her role.
The situation was tense and was very nearly
fatal but eventually she, a fellow male Army
officer and the two hostages were released
alive. On return to base the male Army officer
who had hid behind her when the gun was to
her head was whisked away for a formal
debriefing.
She was given a cup of tea and told to go and
have a shower. She was never debriefed, her
report of what happened and what she had
heard (remember she spoke Arabic) was never
sought and her role in the incident was ignored.
The male Army officer later received the Military
Cross for his “bravery”.
If Rabia showed great courage in Iraq arguably
she showed even greater courage when she
subsequently took on the British Army for the
discrimination she suffered in Iraq and later
back in England.
I first became aware of Rabia when my sister
who lives in Australia went to a book festival
where Rabia spoke promoting her book Equal
Justice. My sister kindly bought me a copy of
the book, lining up to get Rabia to inscribe the
book for me.
I received the book last year while I was
prosecuting a particularly harrowing trial
involving childhood sexual abuse. After the trial
I picked up the book and was immediately
drawn into the absorbing story of Rabia’s life.
Rabia was born in Australia of an Australian
mother and Indian, Muslim father. She grew
up in Perth, and began her legal career as a
criminal defence lawyer before becoming a
federal prosecutor.
Moving to the UK she worked in private practice
before making the decision to join the Army as
a legal officer, a role she saw as a stepping
stone to international humanitarian law and the
United Nations.
Rabia Siddique... a woman of great courage.
In Iraq she was required to advise the British
Army on their legal obligations in a war zone
and in particular monitor human rights abuses.
After Iraq her employment conditions with the
Army deteriorated and after taking on the Army
in a personal grievance case and winning she
returned home to Australia where she is
currently working as Legal Counsel to the
Commissioner of Western Australian Police. Oh,
and she is also the mother of six-year-old
triplets.
What made her story so remarkable for me
was that as a child she was sexually abused by
a neighbour she called Poppa — a man
considered her surrogate grandfather. Perhaps
understandably this fact is mentioned but not
dwelled on in the book.
Being sexually abused by a trusted relative can
have devastating long-term effects on young
victims. No doubt this was true also for Rabia
and yet what she remembers is the strong
feeling of injustice when eventually she told
her parents and they decided to deal with it
without involving the authorities.
Her abuser was never held to account, while
she had to continue to live with the aftereffects
of the abuse. The gate between the neighboring
properties was merely locked. At least the abuse
which had gone on for the best part of a year
stopped. The fact Rabia went onto to become
a successful scholar and lawyer indicates the
character and resilience she showed at an early
age.
When the Canterbury Women’s Legal
Association committee were discussing the
2015 conference and the topic of keynote
speaker was raised I immediately knew Rabia
would be the perfect speaker. It did not take
much to convince my fellow committee
members.
Fortunately Rabia was available and willing to
come to New Zealand to speak at the 2015
Professional Women’s Conference and our
thanks goes to the New Zealand Law
Foundation for their support in bringing Rabia
to Christchurch.
As well as working full time and being a mother
to triplets Rabia is in demand as a professional
speaker. She has a reputation as an outstanding
motivational and inspirational speaker (see
rabiasiddique.com.au for examples of her
work).
Rabia offers a unique insight into many aspects
of 21st Century life. Her father, university
educated and a pilot in India, suffered daily
discrimination when the family moved to
Australia and settled in Perth. Rabia herself
was acutely aware of being different, being
Muslim, coloured not white, and with an
unpronounceable name.
Growing up all she wanted to be was just like
her classmates, blonde and blue eyed, she
even thought of a name she would prefer —
Caroline Jones. Despite this, by high school she
had learnt to embrace her diversity. She now
speaks several languages and is a highly
regarded lawyer.
She would be the first to admit she is no
superwoman and that raising triplets is as
challenging as perhaps that life-threatening
situation in Iraq.
Rabia’s keynote address will focus on her
personal story and her insights into the
challenges professional women (and men)
face including trying to achieve that mythical
work/life balance, tackling unconscious bias and
prejudice and the realities of being a working
parent.
She will explore the subversive as well as the
real impediments to true equality in the
community and in the workplace, and the
communication and negotiation skills required
to find your own voice, address and overcome
these impediments.
The Canterbury Women’s Legal Association
Professional Women’s Conference is being held
on 9 October 2015 at Rydges Hotel. See cwla
website for details.
CWLA guest speaker
The Canterbury Women’s Legal Association’s
AGM will be held at Cafe Blax on Victoria Street
on 7 May 2015 at 6pm. The guest speaker is
the Minister of Justice the Hon. Amy Adams.
See www.CWLA.org.nz http://www.CWLA.org.nz
for more details.