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Cur Adv Vult
C Otago Library’s heritage collection
27 MARCH 2015
NEWSLETTER OF THE NEW ZEALAND LAW SOCIETY OTAGO BRANCH
Respecting others in the profession
R
ecently I wrote the NZLR headnote for the
decision of the High Court in Orlov v New
Zealand Lawyers & Conveyancers Disciplinary
Tribunal [2014] NZHC 1987.
The case relates to a fairly extreme response by a
barrister to perceived criticism of him by a senior High
Court Judge.
The practitioner found himself before the Disciplinary
Tribunal on charges relating to criticisms of the Judge
made in various complaints to the Head of Bench, in
Court applications and in a complaint to the Judicial
Conduct Commissioner.
In essence, the practitioner complained that the Judge
was biased, and held certain prejudices.
The Tribunal held that such conduct amounts to
professional misconduct, and he was struck off. Mr
Orlov appealed to the High Court and sought Judicial
Review of aspects to the Tribunal’s procedure.
Sophia Wang singing at the farewell lunch at the Dunedin Legal
Aid office. Rebecca Farquhar is holding the music.
See page 2.
From
In allowing the appeal against
striking off (but upholding findings
of professional misconduct), the
Court held that while freedom of
expression was an important part
of our law, it’s not an absolute that
allows practitioners to say what
they want about judges.
The decision noted that lawyers
of good standing (an aspect of the
test for professional misconduct)
would recognise the importance
of freedom of expression, and
not be unduly concerned with
condemnatory and extravagant
language and misguided
opinions as long as there is no
bad faith, and the comments do
not undermine the dignity of the
David Robinson
judiciary. Mr Orlov’s comments,
however, went too far.
The same can be extended, in my view, to comments
we might make about fellow practitioners. Respect for
our colleagues is an important part of our professional
obligations, and perhaps it’s timely to reflect on the
Orlov decision as a reminder of the standards we need to
adhere to both in our comments about the judiciary, and
about other practitioners.
It’s easy to criticise a practitioner for what you think they
ought to have done (or ought not to have done) but any
criticism should be balanced against the fundamental
professional responsibility to show proper respect.
the
President
David Robinson
Otago branch President
Professional investment advice for individuals, trusts, estates and charities.
Established processes to assist professional trustees to meet their fiduciary obligations.
Fee-for-service only. All brokerage and commissions fully rebated back to clients.
Contact John Alexander. Phone (03) 477 2316; email [email protected].
A full Disclosure Statement will be provided free of charge.
For more information see www.bradleynuttall.co.nz
John Alexander
Farewell
For your
diary
APRIL
Family Forum,
Branch office, 1pm.
APRIL
Property and Business
Law Committee,
Branch office, 1pm.
4
9
APRIL
16
APRIL
16
APRIL
17
APRIL
Employment Law
Committee,
Branch office, 1pm.
Demystifying Equal Pay
APRIL
Lunch and Learn
Seminar. Branch
meeting room, 1pm.
Maori Land Law
22
29
New Practitioners’
Group,
Venue to be advised, 1pm.
MAY
Past Presidents’ dinner,
time and venue to be
advised.
JUNE
Bar dinner in honour
of Judges Coyle and
Turner,
time and venue to be
advised.
1
Swearing in for Judge
Farnham,
Courtroom 1, Stuart St
Court, please be there by
3:15pm.
26
Swearing in for Judge
Black,
Courtroom 1, Stuart St
Court, please be there by
3:15pm.
OCT
10
Otago-Southland Branch
Conference,
Invercargill.
Legal aid lawyers were invited
to attend a farewell lunch at the
Dunedin Legal Aid Office on 25
February.
This event was well attended by
practitioners, Judge Farnan spoke
on behalf of legal aid practitioners,
Michelle McReadie and Diana
Warren spoke on behalf of the
Ministry of Justice.
Attendees were then treated to a
song by the very talented Sophia
Wong.
All who spoke commented on the
professionalism of the Dunedin
legal aid staff. They will all be
missed.
Request for Honorary
Solicitor
The Carers’ Society Otago, a
charitable organisation which
cares for people who are carers, is
seeking a new honorary solicitor.
If you are interested please contact
Carers’ Society Otago, Community
House, 301 Moray Place, Dunedin.
Ph 471 6204.
Whateverittakes… toreachagreement
John Farrow is an experienced LEADR accredited mediator and Court appointed Lawyer for Child.
He has conducted over 50 Family Court mediations with a 90+% settlement rate and is now
available to conduct private Care of Children mediations. John is adept at helping people find
practical and cost effective solutions.
John will:
• Performathoroughreviewofallbackgrounddocumentationtoensureheisfullyappraisedofallissues
• Conductpremediationmeetingswitheachpartytoensurethattheyarecomfortablewiththeprocesstobefollowed
• Takethetimetoensurethatbothpartiesareabletopresenttheirperspective
• Ensureallsettlementoptionsarefullyexplored
Webb Farry has quality facilities available to ensure parties meet on ‘neutral territory’ and feel comfortable in the setting.
“Having engaged in trench warfare for many years with her intransigent
ex-partner, my client had every reason to be sceptical that agreement
would be reached. John Farrow won the parties’ confidence by being well
apprisedofthebackground,understandingeachparty’sgrievances,and
maintaining a sharp focus on finding a solution. My client considers the
money spent on mediation to be the best money she has ever spent”
Anita Chan QC
Black
PMS 7530
“Being able to access the right mediator for a particular case is an
integral part of my family law practice. John Farrow’s experience as a
mediator and his proven ability to get results in a timely, cost effective
way, mean he is a mediator I both use and highly recommend”
Nicola Williams, Barrister
Font: Dax Wide Bold
Solutions With Flair
79 Lower Stuart St, Dunedin • 107 Gordon Rd, Mosgiel • 03 477 1078 • [email protected]
2
Cur Adv Vult | 45 | 27 MARCH 2015
Russell Hyde Ibbotson, 1952-2014
By Warwick Cambridge
ussell Hyde Ibbotson died
on 8 December 2014 aged
62. Russell had a long
career in the Southland and
Queenstown Region and over that
time made a significant contribution
to the legal profession.
I had the privilege of knowing
Russell since our days together at
Southland Boys’ High School and
at Otago University and as a legal
partner for some 33 years.
Russell graduated from Otago
University in 1977 and was admitted
on 10 December of that year. He
first practised law in Auckland with
Sellar Bone and Partners where he
undertook a wide variety of work.
Some years later he returned to
Invercargill, primarily because of
his passion for the outdoors and,
in particular, hunting, shooting
and fishing in Fiordland and
Stewart Island. This passion for
the wilderness and outdoors
never diminished and is amply
demonstrated in his catalogue of
wildlife photography.
Russell joined Preston Evans Noble
and early in 1981 and become a
partner in the Invercargill office in
1985. At that time his work included
prosecuting for the Ministry of
Fisheries, Ministry of Transport,
New Zealand Police and the Crown
R
Missing Will
Arthur Robert Cope
Would anyone holding or having any
record of having held a will for the
above-named, retired motor mechanic,
late of 20 Aytoun St, Shiel Hill, Dunedin,
born 23 January 1949, who died on 8
December 2014, please contact Elvie
Mooney, of Public Trust, PO Box 4549
Christchurch, email Elvie.Mooney@
publictrust.co.nz.
and included appearances in the
District Court, High Court, and the
Court of Appeal.
Russell was always meticulous in his
preparation, presentation (and let’s
not forget his appearance) when he
appeared before any tribunal or court.
Over the last 20 years of his practice
he concentrated more on issues that
had a real conservation element, for
example advising on reviews of the
National Park Management Plans
and Conservation Management
strategies, advising New Zealand
Fish and Game Council, New
Zealand Royal Forest and Bird
Society and the Department of
Conservation in its review of
the Fiordland National Park
Management Plan. His interest in
this area of law was not confined
to the Mainland as he also acted
in matters relating to the SubAntarctic Islands Conservation
Management Plan Review and
the Whenua Hou (Codfish Island)
Management Plan.
All of the above are a far cry from
President: David Robinson
Branch Manager: Debbie Ericsson
Street address: Level 4, John Wickliffe House, 265
Princes Street, Dunedin, 9016
Postal address:
P O Box 1901, Dunedin 9054
Phone: (03) 477 0596
General inquiries email: [email protected]
Cur Adv Vult advertising: Christine Wilson
Phone: (04) 463 2905 advertising@lawsociety.
org.nz
Valedictory
A valedictory hearing for the late
Russell Ibbotson will be held at
a sitting of the Environment
Court on 28 April. The hearing
will be held in Courtroom One,
District Court Queenstown, at
4pm followed by refreshments
arranged by the Resource
Management Law Association.
what was no doubt perceived as the
exciting times appearing as junior
counsel to the then Crown Solicitor
Graeme Noble in the famous Alister
Barr bank robbery at Lumsden.
Russell moved to Queenstown in
2004 to establish the Queenstown
office of Preston Russell Law and
was known in the Wakatipu Basin
for his expertise in planning tribunal
and environmental work including
appearances at the Planning
Tribunal and Environment Court.
Continued on page 4
Websites: http:// my.lawsociety.org.nz
www.lawsociety.org.nz
Registry:
Freephone 0800 22 30 30
[email protected]
CLE information:
Freephone 0800 333 111
[email protected]
Website: www.lawyerseducation.co.nz
Printing:
Lithoprint, Wellington
Unless it is clearly indicated, the views expressed in Cur Adv Vult are not to be taken as those of, or endorsed by, the New
Zealand Law Society or its Otago branch. No responsibility whatsoever is accepted by the New Zealand Law Society for any
opinion, information or advertisement cointained in Cur Adv Vult.
Partnership Notice
Stuart Anderson, Grant Dowland and Chris Burke wish to announce that Stuart Anderson will be retiring as a partner at Race & Douglas as at 31
March 2015. Race & Douglas will merge with Burke Law as from 1 April 2015. The name of the new partnership will be Race Douglas Burke.
The partners will be Grant Dowland and Chris Burke. The firm will operate from the offices on the 2nd floor of the Savoy Building, 8 Moray Place,
Dunedin. Stuart will continue to be employed by the new partnership up until 30 June 2015.
The contact details from 1 April 2015 will be:
PO Box 538, Dunedin 9054
Phone: (03) 477 3947
Fax: (03) 477 0624
Email: [email protected]
Website: www.racedouglasburke.nz
Trust Account: 020900 0255252 02
Cur Adv Vult | 45 | 27 MARCH 2015
3
Prosecution update
Further to the article in the last
issue outlining the changes within
the prosecutions unit in relation to
the management of files through
the Case Management process. The
aim of this new system is to allow
for better CMM discussions in the
hope that there will be a reduction in
matters unnecessarily going to trial.
Counsel need to note that it
is counsel’s responsibility to
make an appointment for a Case
Management Meeting. On each list
day the CMM diary will be at court
for counsel to enter an appointment
time. This should be done at the
time of entering a not guilty plea
with the CMM meeting booked
Russell Hyde Ibbotson – continued from page 3
others share this view. He cared
always about people and would
always give his fullest attention to
his client’s interests.
He always believed the best things
in people. He was always generous,
caring and always true and faithful
to all those who knew him for whom
he acted. He was also immaculate
in his conduct and his personal
presentation, having an extensive
wardrobe, a ready smile, chuckle
and helpful comment.
Russell served the profession with
great distinction and will always
be fondly remembered by all who
knew him.
Russell is survived by his wife Sally
and his two children Thom, who
shares his passion for hunting, and
Prue his interest in photography.
“The Hunter is home from the
Hills”.
None of this hard legal work prevented Russell from contributing to
the community where, like many in
the profession, he involved himself
significantly in assisting or being
involved in a number of community
groups including the YMCA, New
Zealand Clay Target Association
and, interesting enough given his
conservation bent, the New Zealand
Jet Boat Association. In fact, this was
often a topic of some mirth how these
two interests could be reconciled.
Russell was also a founding member of
the Forest Hill Foundation which is a
trust established to create a mainland
island from a forest scenic reserve
around 540 ha. Russell also served
as a Southland Conservation Board
member appointed by the Minister of
Conservation, serving three terms as a
member or as its chair.
To my mind Russell was always
one of life’s gentlemen and I know
for two weeks before the CRH
date. Any particular issues can be
identified at this time. If counsel
do not make a CMM meeting
appointment on the date when a not
guilty plea is entered, they can book
an appointment in the diary on any
list day. CMM Meetings are now
held on Mondays and Fridays.
Kate Saxton and Stewart Sluis are
managing all CMM matters as well
as diversions and limited licences.
All other matters are being dealt
with by the other prosecutors.
• Liquidations / Receiverships • General Insolvency
Advice • Mortgage Recovery Assistance • Property
Management Negotiations • Litigation Support
Free Phone: 0800 633 343
Auckland
9th Floor, West Plaza, 1-3 Albert St.
PO Box 2137
Keith Harris
Christchurch
8b Homersham Place, Burnside
PO Box 20-009
Wayne Deuchrass
Dunedin
Level 3 Burns House, 10 George St.
PO Box 1058
Iain Nellies Gus Jenkins
www.insolvency.co.nz
Email: [email protected]
DISPUTE RESOLUTION
Jim Guest FAMINZ (Med Arb) BA LLB P G Dip (Law)
Arbitrator, Mediator, Conciliator
Commercial, Rural & Relationship Property
David McCaskill FAMINZ(Arb)FCIArb LLB MPP
Ph 03 477 2262
[email protected]
Dip Public Law
Ph 021 0254 5009
Arbitrator
P O Box 8155, Dunedin 9041
Commercial, Building, General Disputes
Ph 03 477 5005
Doug Harvie AAMINZ Bcom
Arbitrator, Conciliator & Chartered Accountant [email protected]
Primary Sector, Commercial Business & SME Disputes
Ph 03 477 2262
Gerard De Courcy AAMINZ LLB
Mediator
[email protected]
Family & Commercial
0800 426 469
4
Cur Adv Vult | 45 | 27 MARCH 2015
Chris Steven AAMINZ LLB
Ph 03 443 8286
Mediator
[email protected]
Building, Commercial, Education, Resource Management, General
Trevor Shiels QC FAMINZ (Arb) LLB
Ph 03 477 4030
Arbitrator
[email protected]
Company, Commercial, Relationship Property, Resource Management
Ph 03 482 1840
Dr Clive Trotman FAMINZ (Arb) DSc PhD FIBiol
Arbitrator & Mediator
[email protected]
Science & Technology, Rural, Health & General Disputes
Ph 03 477 9305
Lynne Harrison LLB, AAMINZ, RGON
Mediator
[email protected]
Family, Health, Relationship Property
www.aminz.org.nz