1. travel
2. tourist destinations
3. australia and new zealand

COUNCIL BRIEF
Council Brief Advertising
[email protected]
Reynolds Advertising
The monthly newspaper of the
Wellington Branch NZ Law Society
NOVEMBER 2014
ISSUE 441
President’s Column
Busy month for Council with
progress on Benevolent Fund
By Nerissa Barber, President, Wellington Branch, NZLS
I’d also like to acknowledge the
generosity of other members of our
profession who have given generously to the Benevolent Fund over
the last 12 months.
Julia White is finalising the
plans for a Benevolent Fund charity
fundraising event, a “Tour of
France” wine and food evening, to
be held 26 February next year, held
in conjunction with Maison Vauron, and with the support of Buddle
Findlay. This is going to be a fabulous event.
IT is amazing to
think Christmas
shops are already
open and workwise
we are nearing the
pre-Christmas
rush. This can be a
stressful time, and
the Wellington Branch has
resources including the Friends
Panel just a phone call or email
away.
One of the Wellington Branch
Council’s strategic goals for this
year is raising the profile of our
Solicitors’ Benevolent Fund.
I am delighted that the implementation of this and our other
goals are well under way.
On 22 October we registered the
Wellington Solicitors’ Benevolent
Fund with ‘Give a Little’. This is a
zero-fee fundraising service provided by the Telecom Foundation,
with 100 percent of every dollar
getting through to the charity. As
our Benevolent Fund is a registered
charity, donations are tax deductible. Within three days of launching
the Fund on Give A Little, we
raised almost $1400. As one of the
donors commented on the website,
“This gives additional meaning to
the notion of collegiality”. Another
donor notes, “This is a really
worthwhile cause as increasing
numbers of lawyers are falling on
hard times, suffer illness or die
leaving family members without
adequate support”. The Fund can
be found at: www.givealittle.co.nz
Donating a little is easy.
Report on other activities
The Council’s Practising Well
working group has been looking at
how best they can assist members,
and progressing action plans. In addition, information to assist practitioners in civil emergencies is being
finalised and will soon be added to
our Wellington Branch page of the
website.
The working group on ‘Preserving our History’ is pursuing a
number of ideas.
Julius Maskell is leading the
‘Identifying local needs’ strategic
priority. Julius has prepared a draft
survey. We expect to send the survey to all members in January.
A sub-group, working with our
wonderful editor of Council Brief,
has been looking at a minor refresh
of the weekly e-brief and Council
Brief.
The Continuing Professional
Development group is working
hard on a number of initiatives.
Continued on page 2
INVITATION TO A GATHERING
TO CELEBRATE LOUISE ELDER’S LIFE
ON
15 NOVEMBER 2014 AT 12.30PM
AT
THE HOME OF GRANT AND ADRIENNE ALLAN
139 TARARUA DRIVE, RD 8, MASTERTON
Partners are welcome
Please bring a bottle. Food will be provided
Please RVSP to Victoria Anderson at [email protected]
by 7 November 2014
Those who wish to make a financial contribution to Louise’s children
may send it to Gawith Burridge, PO Box 454, Masterton 5810
Attention Bruce Wagg/Jock Kershaw
or deposits may be made to the
Gawith Burridge Trust Account
ANZ Masterton 06 0689 0133005 02
Use “L Elder children”as a reference
Phoebe Harrop (second from left) was admitted to the bar at a special ceremony at the High Court recently.
Former Wellington District Court Judge Stephen Harrop (centre), at present seconded as a Supreme Court
Justice in Vanuatu and his wife Margaret (far right), were in New Zealand for a break from judicial duties.
Phoebe’s brother, Matt Harrop (far left), was her moving counsel. The ceremony, which took place before
many family members and friends, was presided over by Justice French and Judge Harrop was given special
permission to join her on the bench. Judge Harrop, who was appointed to the bench in 2006, and Margaret
Harrop were for many years lawyers in New Plymouth. Margaret was secretary of the Taranaki Branch of the
NZ Law Society and before that the Taranaki District Law Society for 24 years until her sign-off at the end of
2013. Phoebe Harrop works for a management consulting firm in Melbourne at present.
Solicitors’ Benevolent Fund
Solicitors’ fund beneficiary
‘getting on with life’
By Elliot Sim
“ONE day you’re fine, the next day you’re not,” says a
local practitioner who is in remission after a second
occurrence of lung cancer.
After being told that lung cancer had once again
reared its ugly head at no fault of her own, the only
way to have any possibility of surviving it was to have
an urgent operation in Auckland followed up by chemotherapy, says the practitioner who wished to remain
anonymous.
The operation wiped her and her family out financially as well as emotionally, and because it was the
second instance of lung cancer, she couldn’t secure
income protection insurance.
“You just don’t know that you’ll be in that situation. We thought we had sufficient funds, but we
didn’t,” she says.
The practitioner was approached by a colleague to
consider applying to receive a grant from the Solicitors’ Benevolent Fund.
“My first reaction was ‘no way, I’m not going to be
involved in anything like that in this circumstance’. I
didn’t want to borrow money in any form because
I was so unsure about my future and I didn’t feel that I
could take that on – I didn’t want to worry about it.”
Despite her initial reluctance to apply for a grant,
the practitioner says it was a good decision.
“I was treated with such respect and such courtesy
and I completely trusted the process. The process
didn’t make me feel any worse than I felt about myself
having to borrow some money. I’m really supportive
of our profession having that fund available because
all of us, without any warning, can get into that
situation. It doesn’t matter how well prepared you are,
things can get really tough.
“Spending all that money on the treatment is the
reason I’m still alive and it’s just incredibly wonderful
that they had something there that I could rely on.”
The practitioner has repaid her loan and is now in
remission.
“I have been for the last two or three years, but I
don’t count anymore. I’m moving on and getting on
with my life.”
Ways to donate
As the Solicitors Benevolent Fund is now on “Give a
Little”, please can you note this as an additional way
of making a donation. http://www.givealittle.co.nz/
org/Solicitors
All donations go directly to the capital reserve.
The Solicitors’ Benevolent Fund Trust is registered
as a charitable trust (number CC48709) and has tax
deductible status.
Donations can be made through:
• “Give a Little” http://www.givealittle.co.nz/org/Solicitors, which will be automatically receipted, or
• by Direct debit: Bank of New Zealand: 02-05060101108-097
If a receipt is required when making a direct debit,
please email [email protected] with your
name, the amount deposited and a contact number to
ensure a receipt is issued and sent to the correct place.
The article headed ‘Benevolent Fund crucial to all age
groups says trustee’ in the October issue of Council Brief
was also written by Elliot Sim
Asian law students 4 Porirua Bar Dinner 4-5 Sports Law 5
Page 2 – COUNCIL BRIEF, NOVEMBER 2014
Wellington Branch Diary November
Wednesday 5 November
Current Issues in IT Law – managing the cloud and lessons from Novopay and
Queensland Health. NZ CLE Webinar. 11am-12.30pm. 1.5 CPD Hours.
Monday 10 November
Lawyer for the Child Intensive – meeting the challenge, NZLS CLE.
Te Papa, Wellington. 6.5 CPD Hours
Tuesday-Wednesday 11-12 November
Lawyer as Negotiator, NZLS CLE Workshop, Auckland. 11.5 CPD Hrs.
Thursday 13 November
Courts and Tribunals Committee
Family Law Committee
Monday 17 November
Criminal Law – discharge without conviction. NZ CLE Webinar.
11am-midday. 1 CPD Hours.
Tuesday 18 November
Employment Law Pleadings. NZ CLE Webinar. 11am-midday. 1 CPD Hours.
Wednesday 19 November
Wellington Branch Council meeting
Expert Witnesses – from start to finish, NZLS CLE Seminar. Kingsgate Hotel.
2-5pm. 2.5 CPD Hours. (Webinar 9.30-11.00am, 1.5 CPD Hrs)
Friday 21 November
Criminal Law Committee
Criminal Law Symposium, NZLS CLE, Rydges Hotel, Wellington.
www.lawyerseducation.co.nz 6.5 CPD Hours
Tuesday 25 November
Caveat Update. NZ CLE Webinar. 11am-midday. 1 CPD Hours.
Wednesday 26 November
Legal Assistance Committee
Thursday 27 November
Human Rights Law Committee
Mortgagee Sales. NZ CLE Webinar. 11am-midday. 1 CPD Hours.
Friday 28 November
Women in Law Committee
Continued from page 1
President’s Column
The Events and Collegiality subgroup of Council has met and considered the topics and questions
which came out of the Council’s
Strategic Planning Session, and has
some excellent ideas.
Complaints is an area that continues to exercise members and
causes considerable consternation.
At our last Council meeting, Council members discussed how we
could best support members going
through the complaints process.
Felix Geiringer, Rachael Dewar,
David Dunbar, Annette Gray, and
Chris O’Connor have volunteered
to be part of a group to work on a
way of achieving this.
Wairarapa events
The Wairarapa representative on
Council keeps us well informed of
happenings. This year it is Vicky
Anderson, and we always look forward to Vicky’s report. Forthcoming events in the Wairarapa
include:
An event to mark the retirement
of Tony Garstang at the end of October. We and his colleagues at Gawith Burridge will miss Tony
immensely, but I hope we will still
see Tony at the annual dinner!
A gathering to celebrate the life
of Louise Elder on 15 November
(details have been published elsewhere in Council Brief and in our
weekly electronic newsletter). We
Kim Workman Stout Fellowship winner
THE Victoria University of Wellington 2015 J.D. Stout Fellowship, funded by the
Stout Trust, has been awarded to justice reform advocate Kim Workman (Ngati
Kahungungu ki Wairarapa, Rangitaane).
Mr Workman is well known for his work on criminal justice, corrections policy
and Maori development. He has been an outspoken advocate for justice reform and
worked in a number of government ministries. He was involved in establishing
Justspeak, a young people’s forum for justice reform and the Justice Coalition,
which brings together 12 justice sector NGOs.
During his Fellowship Mr Workman will be working on a book on the development of the criminal justice system in New Zealand, Criminal Justice, the State
and Maori, which will document the history of Maori in the criminal justice
system and examine the relationship between punitiveness and neoliberalism.
appreciate the immense shock Louise’s untimely passing has been to
colleagues and friends. Our thanks
to colleagues in Gawith Burridge
and others who have been helping
with Louise’s work in progress and
other business.
Respite from the busy city
Last weekend I was part of a
small group of women lawyers
who undertook the Whareama
Coastal Walk. This is a catered
walk beginning in Whareama,
about 30 minutes north of Masterton.
We walked through private
farmland with lots of sheep and
cows (and a few rabbits), and later
along the rugged Wairarapa coastline on the East Coast. It was nice
seeing the little lambs bounding in
the grasses. The farmland views
across the hills were spectacular,
especially with the satisfaction of
having climbed them! It was great
getting out of the inner city hustle
for at least a few days with a terrific
group of people.
Will Notices
on page 8 in
this issue
COUNCIL BRIEF CROSSWORD
PRACTISING WELL
You can use this diagram for either the Quick or Cryptic Clues, but the
answers in each case are different. This month’s solutions are on page 7.
Chaplain, Julia Coleman, 027 285 9115
Cryptic Clues
ACROSS
6. Everybody was in debt - it’s not
forbidden (7)
7. Timber needed for shafts (5)
9. A New York word (3)
10. The right alternative for the
proof-reader (9)
12. I made orders for desert transport
(11)
15. Venus is no matinee idol,
apparently! (7-4)
17. Slightly injured - withdrawn
from the team (9)
19. Aim in a given direction (3)
21. Monetary securities producing
personal restrictions (5)
22. I strive to make another call (7)
DOWN
1. Cast used for supporting a weak
member (5)
2. This sly creature is a loud bellower (3)
3. Money needed to settle the account, we
hear, in this way (4)
4. Inconstant, like a planet (9)
5. I’m ready for the picture to be put on
(7)
8. Wedding belles (6)
11. They certainly couldn’t be accused of
having too little spirit! (9)
13. A stick-up with me around constitutes
a threat (6)
14. One who ousts the Eastern conqueror
(7)
16. Point at which metal-workers strike (5)
18. Poetic end to the day is calm and
unruffled (4)
20. Short writing can be illuminated (3)
Quick Clues
ACROSS
6. Liberty (7)
7. Lid (5)
9. Insane (3)
10. Impromptu (9)
12. Essay (11)
15. Cheeky (11)
17. Deeply shocked
(9)
19. In favour of (3)
21. Scatter (5)
22. Attack (7)
Council Brief Advertising
[email protected]
Conferences
November 14 2014 – NZ Supreme Court: the
first ten years, Auckland Law School.
[email protected]
November 17-18 2014 – Intellectual Property
and Alternative Regimes: is there life outside the
big three? NZ Centre of International Economic
Law. Wellington. [email protected]
November 16-18 2014 – ACFE Asia-Pacific
Fraud Conference, Hong Kong. www.acfe.com
December 3-5 2014 – Law and Society
Association of Australia & NZ Annual
Conference, Queensland. www.law.uq.edu.au/lsc
January 31-February 1 2015 – International
Criminal Law: IBA annual conference, The
Hague, Netherlands. www.ibanet.org
February 23-24 2015 – 7th Annual Elder law
Conference, Auckland. www.conferenz.co.nz
March 2-14 2015 – Southern Oceanic Rim
Legal Conference – Antarctic Expedition
(from Ushuaia, Tierra del Fuego). CPE
Conferences. www.cpeconferences.com
April 12-16 2015 – 19th Commonwealth Law Confererence, Glasgow.
www.clc2015.co.uk
April 30 2015 – The Maritime Law
Association of Australia and NZ Conference,
Taupo. www.mlaanz.org
June 10-11 2015 – Mastering Due Diligence,
Auckland. www.conferenz.co.nz
June 25-28 2015 – Australasian Asociation of
Bioethics and Health Law Conference,
Wellington. www.events4you.co.nz
July 23-24 2015 – Competition Matters 2015;
Competition & Regulation Conference, Te Papa.
Commerce Commission. www.comcom.govt.nz
September 3-5 2015 – Banking & Financial
Services Law Association (BFSLA)
Conference, Brisbane. http://bfsla.org
September 6-9 2015 – Succession Law,
Monash University Campus, Prato (20 mins from
Florence), Italy. European Legal Conferences.
www.europeanlegalconferences.com.au
September 13-18 2015 – Commonwealth
Judges’ and Magistrates’ Association (CMJA)
Triennial Conference, ‘Independent
Judiciaries, Diverse Societies’, Wellington, NZ.
www.cmja.org
DOWN
1. Handle (5)
2. Determined (3)
3. Trick (4)
4. Fit (9)
5. Censure (7)
8. Diminish (6)
11. Alien (9)
13. Glib talk (6)
14. Copy (7)
16. Earth (5)
18. Otherwise (4)
20. Hiatus (3)
MA
DESIGN
m
Answers: See page 7
1
Alcuin of York (735-804), a student of Archbishop Ecgbert (?-766)
who appears to have been a student of the Bebe the Venerable
(673-735), wrote a book entitled Propositiones ad acuendos
juvenes (Problems to Sharpen Youths). The book sets out a
collection of problems, including several now well-known ones
dealing with river crossings, two of which follow:
a) A farmer purchases a wolf, a goat, and a very large cabbage.
On the way home, the farmer has to cross a deep and wide river in
a wee boat. The boat can only carry the farmer and one of the
purchases at a time. How does the farmer manage to move the
wolf, goat, and cabbage cross the river without the wolf eating the
goat or the goat eating the cabbage?
b) A family of four have to cross a deep and wide river in a wee
boat. The two adults weigh the same. The kids weigh half as much
as the adults. The boat can only bear the weight of one of the adults
without sinking. How did all four manage to use the boat to cross
the river safely?
© Mark Gobbi 2013
2
It is white’s turn to move.
should white do?
What
!!!!!!!!"
?$
>$
=$
<$
;$
:$
9$
8$
%@ABCDEFG'
COUNCIL BRIEF, NOVEMBER 2014 – Page 3
NEWS
Committee report
Law and the health sector
By Katie Elkin
JUST over a year ago, the
Wellington Branch Health Law
Committee was established.
We are a diverse group of practitioners, working in diverse roles,
brought together by a common interest in the law as it relates to the
health sector. The committee currently has 23 members, including
lawyers from government departments, crown entities, health regulatory authorities, healthcare
provider organisations, and those
in private practice.
While there has been a national
health law committee for some
years, we considered that additional
collegiality between practitioners in
the Wellington area would be assisted by also having a branch-level
committee. As well as getting to
know each other better, we see one
of the key functions of the branch
committee as being to provide a forum for learning from one another
and for the discussion of topical
issues.
Over the first year, we have benefited from presentations and discussions about various health law
topics, including the Spencer litigation (concerning payment for family carers), the recent inquiries into
Mid-Staffordshire NHS Foundation Trust in the UK, and studies
of complaints and disciplinary
proceedings against doctors.
We have also fed into the national committee’s submissions on the
Law Commission’s First Principles
Review of the legal framework for
burial and cremation in New Zealand.
The Ministry of Health legal
team also provides a legislative update at each meeting, advising
members of the progress of new
legislation and amendments currently being considered.
The committee meets approximately every six weeks and we welcome any others who are interested
to attend.
Lifeline Counselling has a team of qualified professional counsellors
experienced in working with clients across a broad range of issues.
Our high-quality confidential service can help with day-to-day issues such
as: stress, anxiety, burnout, depression, relationship issues, grief, trauma
and addiction.
All our Counsellors are qualified to Masters level and are members of the NZ
Association of Counsellors.
For New Zealand Law Society members and families we are offering a
discounted rate:
$110 based on a normal 60min session
Currently this Face-to-Face service is only available in person in the Auckland
region. Other regions will be introduced in time.
Skype Face-to-Face counselling applies throughout New Zealand.
Library News
Opportunities for training in use of Brookers/Westlaw NZ databases
By Robin Anderson Wellington Branch Librarian
THE old Brookers Online system will be
closed down soon. All subscribers to
Thomson Reuters NZ online products have
had training opportunities. We are now
offering training to those practitioners who
use the Brookers/Westlaw NZ databases in
the library. The second of the training
sessions is on Thursday 27 November from
5.30 to 6.30 pm and will be held in the Law
Society Library, Wellington. If you wish to
come to this please RSVP, with a subject line
of: Wellington NZLS training 27.11 , to
[email protected]
before 19 November. The session will count
towards your CPD hours.
Old law books for disposal
We have a set of the Times Law Reports
1888-1908 (vols 1-24) and a set of Butterworths Workingmen’s Compensation Cases
1907-1949 except 1935 available. There are
also a large number of old editions of texts
available. Talk to Robin Anderson if you are
interested.
Legaltrac
Legaltrac is a major US legal journal databases available free at your desktop via your
my.lawsociety login.
It has nearly 1.8 million indexed articles
from major English language law journals
including quite a few full text journals and
articles. It covers the period 1980 to date. The
journals indexed include NZ, Australian, UK
and Canadian journals as well as US journals.
The coverage also includes academic writing, news and magazine style writing includ-
New books list
on page 6
ing Bar Association and Law Society magazines, so a wide coverage from academic to
day-to-day news.
Internet
Are you interested in what other firms are
saying? There is an excellent site that gathers
together newsletters from law firms in Australia, Canada, Ireland, NZ, Singapore, South
Africa, UK and USA. It also makes them
searchable. Go to www.feefiefoefirm.com to
check it out.
Page 4 – COUNCIL BRIEF, NOVEMBER 2014
NEWS
Support for Asian law students
By Steven Li and Yemo Guo
Victoria University of Wellington law
graduates, BoHao (Steven) Li, now with
Chapman Tripp, and Yemo Guo, with Worksafe
NZ, have this year started the Asian Law
Students Collective at the Victoria Law Faculty
BoHao (Steven) Li
Yemo Guo
WE have both recently completed our law degrees
from Victoria Law School. During this time, we saw a
steady increase in the number of Asian law students –
from no more than 30 in 2008 to 120 this year. This
got us thinking about what provisions the Wellington
legal community had in place specifically targeting
Asian law students.
The answer was none. Victoria had no support
network for Asian students, unlike other ethnicity
groups, such as Maori and Pacific Islanders. We
thought this left a gap in student support networks.
In our view, there was an internal and external
“gap” in the support network for Asian law students.
The internal “gap” refers to the support from family
and friends. For many Asian law students, including
the authors, their parents are migrants. They did not
attend university in New Zealand and some have no
university experience at all. Along with this, they can
offer little or no language support. In our opinion, this
creates an instant disadvantage for Asian students.
Speaking from personal experience, we were not
able to ask our parents or close family friends many
basic questions regarding university life in New Zealand. Questions like, what are the common pitfalls
that a student faces when going through the New
Zealand university system? How do we relate to other
students at law school? Furthermore, our English
language skills are often better than our parents. Thus,
it was unrealistic to expect help from our parents with
our assignments, including the basic task of proofreading our papers.
The external “gap” refers to community support. We
acknowledge that there were pre-existing mentoring
programmes (such as the Kensington Swan 100-Level
Mentoring Programme) available to Asian law students. However, those programmes do not specifically
target the unique backgrounds of Asian law students.
So the decision was made to set up the Collective.
However our plan would never have got off the ground
without the support of many likeminded Asian law
students. We would like to take this opportunity to
acknowledge the members of our dedicated executive
group: Alan Ahmad, Althea Carbon, Roc Hsiao, Natalie Foy, Hugo Kan, Samantha Knott, Sarah Lamb,
Jasmin Moran, Wei-Wei Ng and Diana Tam.
A year in review
There are two major components to the Collective.
First, as part of the day-to-day operation, we set up the
mentoring programme. This programme matched a
senior and a junior Asian law student together focusing on academic and social aspects of law school.
Continued on page 7
Informal drinks at the Wellesley
MEET on the third Friday of each
month, 5.30ish at the Wellesley
Boutique Hotel, Maginity Street,
for a chat and a drink with
colleagues and friends.
PORIRUA BAR DINNER
Film Commission chief executive and one of the guest speakers, Dave
Gibson, with dinner organiser Chris Ellis and Benjamin Paradza.
Bill Bevan and Judge Tom Broadmore.
Vai Leavaiseeta and guest speaker Judge Bill Hastings.
Steph Dyhrberg, Rachael Dewar and Wendy Aldred.
Left: Chris Tennet,
Frances Ah Mu,
Mark Wilton and
Ken Ah Khoi.
Right: Nerissa Barber,
Shanelle Lovegrove,
Louise Newman,
Angela Brown and
Cara Thorburn.
Frances Ah Mu and Ken Ah Kuoi.
Christine Grice, Rachael Dewar and Alpa Patel.
COUNCIL BRIEF, NOVEMBER 2014 – Page 5
IPC SEMINAR
Seminar presenters Nigel Stirling and james Roach of Gibson Sheat.
‘Sports law’ is a
surprisingly eclectic mix
By Philip McCabe
IS there such a thing as Sports
Law? Apparently not. At least that
is what Nigel Stirling and James
Roach of Gibson Sheat told about
30 practitioners at a seminar
organised by the Independent
Practitioners Committee on the
topic on 6 October.
Rather than a separate body of
Sports Law, there is a surprisingly
large number of general laws that
relate to sporting activity. These
include contract and criminal law
(match fixing, anti-doping), commercial and corporate law, intellectual property including
particularly trademarks and copyright, employment law, health and
safety, merchandising, human
rights, stadia and pourage rights
among others.
Rather like a wrestling tag team,
Nigel and James took turns addressing a number of aspects in
more detail. First up was the Football United NZ Tour which saw
two English Premier League football teams come to New Zealand.
This proved to be a very complex
project involving a surprising
number of legal questions. Next
was sports betting and match fixing
which briefly considered whether a
prominent cricketer was ‘New Zealand’s Lance Armstrong’.
The presentation concluded with
a discussion of transfers of players
between teams and sports codes for
eye watering sums of money, the
handling of disputes by the NZ
Sports Tribunal and local and global anti-doping measures. The presentation was pleasantly interactive
with questions asked and answered
throughout with prizes awarded for
audience participation. Drinks and
finger food concluded a stimulating, enlightening and valuable presentation.
Suggestions from practitioners
for future IPC seminar topics are
always welcome.
Choose New Zealand’s premier
Law School for your LLM
The Faculty of Law at Victoria University of Wellington scores a
consistently high ranking in international surveys and provides its
students access to unique learning opportunities.
Learning from the law makers
Being located in the capital city, law students at Victoria have the special opportunity to learn in the
place where law is made. The nation’s higher courts, parliament and government agencies are all
here in Wellington, so students get to see cutting-edge modern law in action.
Our location means we have access to judges and senior government officials, who interact with the
faculty as adjunct lecturers in a series of public lectures and programmes of internships at Master's level.
Learning from history
Legal education and its development in Wellington is steeped in history. Law has been taught at
Victoria since the University was established in ����, with the Faculty itself established in ����. Our
Law Review was the first to be established in New Zealand in ����.
Learning to suit you
The LLM at Victoria is a bespoke degree that can be tailored to suit the needs of our students. All of
our academic staff can provide supervised research for Master's degrees and many also supervise PhD
students in their specialist areas.
Learn with the best. Ask about the LLM at Victoria University of Wellington today.
victoria.ac.nz/law
FL����
Vai Leavaiseeta, Mothla Majeed, Marama Mataio, Jessica Sebastian, Nerissa Barber and Stephen Wakem.
Right: Christine Grice,
Sue Shone,
Amanda Courtney
and Alpa Patel.
Council Brief Advertising
[email protected]
Page 6 – COUNCIL BRIEF, NOVEMBER 2014
VUW LAW FACULTY
Precious freedoms lost not easy to regain
By Professor Tony Smith,
Dean of Victoria University’s Law School
LOCAL reaction
to the recent
shooting event in
Ottawa reminds
us that we really
are a part of Marshall McLuhan’s
global village.
Professor Tony Smith
Security at
Parliament was immediately
ramped up. It was pleasing to note
that this was characterised by official sources as being a temporary
measure. Yet I wonder whether it
really will be. Once any emergency
measures have been put in place, it
requires some courage to dismantle
them. The waste bins that used to
be a feature of London’s railway
stations, removed because they
were used by IRA bombers in the
1970s and 80s, have never been replaced. It is almost as though their
reinstatement would amount to an
invitation to those with maleficence in mind to do their worst.
Arm the Police?
Almost inevitably, the question
was asked as to whether our parliamentary security officers should
have access to firearms, an issue
that is persistently pressed for by
the president of the Police Association on behalf of the regular police.
Prime Minister John Key was reported in The Dominion Post as
giving the former suggestion a cautious “perhaps”, saying that “people will go away and reflect on” the
issue.
I hope that, having reflected, the
“people” will come to the conclusion that existing measures are adequate. Every time security is
tightened, it reduces our freedom,
however minimally. When the New
Zealand Supreme Court is in session, we are all required to go
through airport-like security measures, a fact that inhibits me from
dropping in to the Court as frequently as I would like. I acknowledge that the individuals who give
effect to these procedures in New
Zealand are almost without exception relaxed and good-humoured. It
is not necessarily so in other countries. I cannot bring myself to travel
via the United States of America
because of the way in which transit
passengers are treated there.
Police and peaceful protest
If security surrounding Parliament is tightened, at least so far as
access the Parliament’s buildings is
concerned, what about access to the
grounds? I frequently see from my
Old Government Building office
marchers approaching Parliament
in the exercise of their right of
peaceful protest. By comparison
with what happens elsewhere in the
world (and I have Westminster’s
Parliament Square in particular in
mind) the ease of access to the
grounds surrounding the legislature
is remarkable. The police appear to
be present at such events in a largely facilitative role, although they
would undoubtedly be expected to
keep the peace should public disorder ensue, as happened in particular
during the protests against the Viet
Nam war in the 1970s. As it is,
citizens and foreigners alike are
welcomed in to the grounds of Parliament without let or hindrance –
long may it remain so.
As to arming the police as a matter of routine, the newly appointed
Minister of Police, Michael Woodhouse (and the Commissioner of
Police), are reported as being even
firmer in their rejection of the Police Association’s suggestions. In
their view, nothing has happened of
late that would suggest that there
ought to be a change in the status
quo, and they do not believe that the
Association’s spokesman has the
backing of rank and file police.
Again, I believe that any such
change would be for the worse to
the long-term relationship between
policemen and citizens, making
policing by consent just that much
more difficult and less friendly.
The prospect of approaching visibly armed persons to ask them for
the time or directions is really rather daunting.
Claims of responsibility
One other aspect of the reporting
of Ottawa and the other all-too-frequent terrorist activities worldwide
always strikes me. It is customary
for the media to report that no person or group has “claimed responsibility” for the event. Why
“claimed”? Does the defendant
pleading guilty in court ever
“claim” responsibility for what he
or she has done, as opposed to
pleading guilty to it? Are reporters
seeking the language that they use
to distance themselves from the
atrocity whilst at the same time
hinting that they have some sympathy with the perpetrators, who are
purportedly seeking to advance
whatever cause in whose name they
have acted, however wrongheadedly? I do not know the answer to
those not entirely rhetorical questions, but I involuntarily wince
when I hear the language of claim.
Continuing professional development
You may remember that on a
couple of occasions, I have made
reference to the Continuing Professional Development programme introduced relatively recently by the
Law Society. As envisaged by the
Society, the programme was intended to be (as its name implies) a
“continuing” self-reflective exercise, engaging our professional energies throughout the year. I
expressed some scepticism, saying
that in my own experience of a
comparable exercise in the United
Kingdom, self-education tended to
be pushed to one side by the constant and incessant demands of
busy professional practice, and that
the proliferation of on-line courses
that sprouted in December attracted
most attention. Sure enough, I regularly receive (as I am sure you also
do) invitations to attend very ex-
Australian Chief
Justice to give
Cooke lecture
The Robin Cooke Lecture this
year is to be given by the Chief
Justice of Australia, Robert
French. Because of the other
commitments of our speaker, the
lecture will take place somewhat
earlier than usual, on 27
November.
The chosen title is ‘Common
Law Constitutionalism’.
As usual, all are welcome to
attend the lecture and to join me
and my colleagues at the Law
Faculty in (slightly premature)
end-of-year and Christmas
celebrations. I hope to see you
there.
Council
Brief
Advertising
New books in NZ Law
Society library Wellington
Conduct of counsel causing or contributing to a miscarriage of justice : a thesis
submitted for the degree of Doctor of Philosophy at the University of Otago, Dunedin,
New Zealand 2009 KL95.5.L1 ODR
Correction of miscarriages of justice in New Zealand and England: a thesis submitted for
the degree of Doctor of Philosophy at St Catherine’s College, University of Oxford,
Hilary Term 2012 KM597 BIR
Green’s encyclopaedia of the law of Scotland, Edinburgh : W Green 2nd ed 1909
History of the law of nations, Cambridge: University Press 1899
Judicial review : a New Zealand perspective, Wellington : Lexis Nexis NZ 3rd ed 2014
KM306.L1 TAY
Law of costs, Sydney : LexisNexis 3rd ed 2013 KN397.K1 DAL On order
Law of refugee status, Toronto: Butterworths 2nd ed 2014 KC205.F1 HAT
Law relating to estoppel by representation, London: LexisNexis 4th ed 2004
KN384.4.A1 SPE On order W100002476
Legal decisions affecting bankers, London: Blades, East & Blades 1900; KN303.L1.Z2
PAG
Legal research: a practitioner’s handbook, London : Wildy Simmonds & Hill 2nd ed
2013 KL155.A1 CLI
Rescission of contracts : a treatise on the principles governing the rescission, discharge, avoidance and dissolution of contracts, London : Stevens & Haynes 1916
KN16.2.A1 MOR
Rural law : the big issues, Wellington : New Zealand Law Society 2014 KN98.L1 NEW
Spencer Bower & Handley actionable misrepresentation, London : LexisNexis 5th ed
2014 KN15.4.A1 BOW On order
The future of law society libraries in New Zealand : a recommendation, 2007 K80.L1
MAC
The law of affidavits, Sydney : Federation Press 2013 KN392.2.K1 LEV
Williams, Mortimer and Sunnucks on executors, administrators and probate, London :
Sweet & Maxwell 20th ed 2013 KN143.A1 WIL On order
pensive “New Zealand 10 Points in
one day programme” events from
commercial providers, emanating
from an Australian-based organisation. I have no idea how well-attended these sessions might be, and
am determined not to succumb to
their siren charms, even for the purposes of offering you a better informed column. But I doubt
whether, however popular, they fall
within the scope of the programme
as originally envisaged.
[email protected]
[email protected]
Lifeline Counselling has a team of qualified professional counsellors experienced
in working with clients across a broad range of issues.
Our high-quality confidential service can help with day-to-day issues such as:
stress, anxiety, burnout, depression, relationship issues, grief, trauma and
addiction.
All our Counsellors are qualified to Masters level and are members of the NZ
Association of Counsellors.
Deadline
December
Council Brief
Tuesday 25
November
For New Zealand Law Society members and families we are offering a discounted rate:
$110 based on a normal 60min session
Currently this Face-to-Face service is only available in person in the Auckland region. Other regions will be introduced
in time.
Skype Face-to-Face counselling applies throughout New Zealand.
Please contact Lifeline Counselling on
[email protected] or phone 09 909 8750
Book early for Law Society events!
Will Notices
page 8
in this issue
COUNCIL BRIEF, NOVEMBER 2014 – Page 7
COMMUNITY LAW CENTRE
Lag Law: a new book, a new 0800 number – and you?
By Community Law Wellington and Hutt Valley
Lag Law: Your rights inside prison and on release
Community Law Wellington and
Hutt Valley has just released the
first edition of a new plain English
legal guide, called Lag Law: Your
rights inside prison and on release.
The purpose of Lag Law is to
provide a handy legal guide for
prisoners, their whanau, and
anyone working with prisoners
inside or outside prison. The guide
answers common questions
regarding going to prison, serving a
sentence, and release from prison.
Lag Law contents
• Before prison: The criminal court
process – Dealing with the police,
lawyers and legal aid, going to
court, restorative justice, remand in
custody, sentencing.
• Bills, budgets and benefits
• Rental housing, mortgages, avoiding debts, offence-related debts.
• Family Matters
• Pregnancy and childcare in prison,
parenting rights, the Family Court
process, Child, Youth and Family,
protection orders.
• Starting a sentence
• Arriving at prison, minimum entitlements, case managers, property,
money.
• Working, studying and other activities on the inside
• Working in prison, education, physical exercise, religion, voting.
• Visits, phone calls and mail
• Visitor approval, access to lawyers,
sending mail, making phone calls.
• Health and Medical Care
• Ongoing medical care, dental care,
illness and infection, mental health,
drug and alcohol treatment.
• Discipline and punishments inside
prison
• Disciplinary hearings, cell confinement and segregation, use of force,
searches, drug and alcohol testing,
DNA testing.
• Making complaints about treatment
• Prison inspectors and Visiting Justices, Complaints to the Ombudsman, Health and Disability
Commissioner, and Privacy Commissioner, and appealing to the Human Rights Review Tribunal.
• Transfers
• Transfers to other prisons, transfers
to hospital, deportation.
• Release from prison
Parole, release conditions, recall,
compassionate release, temporary release.
With funding from Lotteries we
have been able to provide free copies to
a number of community groups around
the country. Feedback has been very
From page 4
Asian law students collective
We encourage our mentors and mentees to meet up regularly to share
their law school experiences (such as what has and hasn’t worked well for
them) and to explore how to best prepare for the workforce. We have
received many positive responses from our 20 Asian mentees and we
expect that number to grow year on year.
Secondly, we have organised several speakers’ events. Speakers have
included: Alice Wang (a former Supreme Court judge’s clerk who is
currently attending Oxford University as a Rhodes scholar), Althea Carbon (2014 Westpac emerging woman leader award winner) and Wilson
Chau (MFAT policy advisor).
Topics covered have included how the speaker’s Asian heritage influenced their experience as a law student as well as their professional career,
what the biggest challenge is for Asian students at law school, what is the
best way for students to become contributing members of the Wellington
legal profession?
Plan for 2015
Our first priority for 2015 is to consolidate our current programmes
with plans to expand our mentoring network to include the engagement of
the wider Wellington legal community. We would like to extend an open
invitation to any practising Asian lawyer or law graduate in the Wellington
region who is keen to volunteer as a mentor (or in some other capacity) to
recent law graduates. If you would like to get involved in some way
however
small,
please
contact
Steven
via
email:
[email protected]. We welcome all ideas, suggestions and
comments. We look forward to hearing from you.
MA
DESIGN
m
Answers for puzzles from page 2
1
(a) The farmer takes the goat across the river. Then the farmer
returns and takes the wolf across. Then the farmer returns with the
goat and takes the cabbage across. Then the farmer returns to take
the goat across. In this way, the goat is never alone with the wolf
and cabbage is never alone with the goat.
(b) The two kids cross the river and one kid returns. One adult
crosses and theother kid returns. The two kids cross again and
one kid returns. The other adult crosses and the other kid returns.
Then both kids cross.
2
1 Qe7+ Kh6 (if 1…Kh8 then 2 Qf8#; if 1…Kg8 then 2 Qf7+ Kh8 3
Qf8# or Re8#) 2 Qf8+ KxNg5 3 Qf4# [Hromadka v Carls Hamburg
1910]
positive, and ideas are flowing in for
improvements, new ways to use Lag
Law, and ways to make the information
more widely accessible.
Copies of Lag Law are available for
$30 each. Lag Law is also available for
free as a PDF on our national website:
www.communitylaw.org.nz by typing
“prisons” into the Community Law Library.
We are keen to hear what you think
of Lag Law. Please email:
[email protected]
with your comments or questions.
We hope to be updating Lag Law
very soon so early feedback (and
more funding!) would be very
helpful.
0800 number for Rimutaka
prisoners
Community Law Wellington and
Hutt Valley has set up an 0800 number
for people in Rimutaka to call for free
legal help. We are in the process of
having it approved by Corrections for
wider use and distribution, but we are
already accepting calls. The number
has an answer phone but during office
hours is usually answered by a real person.
The number is 0800 524 529. Please
feel free to give this number to your
clients who are in Rimutaka and need
legal help outside your brief. For example, we can give initial family law advice and referrals to your criminal law
client. Or we can help him with his
tenancy law issue or debt dispute on the
outside.
If you are giving the number to a
caller, please tell them that it helps to
leave a clear message with their name,
unit number, and suggestions of good
times to call them.
You can also give the 0800 number
to family members of prisoners. We
often speak with whnau who need help
understanding prison law and the options their son or partner in prison has.
Rimutaka Prison Volunteer Lawyers
With Lag Law in print and the 0800
number live, we are geared up to further
develop our free legal help services to
Rimutaka Prison.
Community volunteer lawyers
Community Law Centres and volunteer lawyers have a solid background in
prison work. Arohata Prison is served
by Porirua’s Whitireia Community
Law Centre. Wellington’s Community
Law Centre ran a volunteer roster for
Wellington/Mt Crawford Prison for
many years until its recent closure.
Rimutaka is obviously a much larger
prison and our service there has scope
to grow significantly. We currently receive and respond to calls and letters
from prisoners, and we visit as required. We attend community days and
have delivered education at Rimutaka,
but we do not currently have a scheduled weekly visit.
We would like to re-establish a regular roster of volunteer lawyers who are
available to serve the prison, and we
want your ideas about the best form for
Crossword Solutions
From page 2
Cryptic Solutions
Across: 6 Allowed; 7 Beams; 9 Any; 10 Corrector;
12 Dromedaries; 15 Evening-star; 17 Scratched; 19
End; 21 Bonds; 22 Revisit.
Down: 1 Sling; 2 Fox; 3 Peso; 4 Mercurial; 5
Imposed; 8 Brides; 11 Drunkards; 13 Menace; 14
Evictor; 16 Anvil; 18 Even; 20 Lit.
Quick Solutions
Across: 6 Freedom; 7 Cover; 9 Mad; 10 Extempore;
12 Composition; 15 Impertinent; 17 Staggered; 19
For; 21 Strew; 22 Assault.
Down: 1 Treat; 2 Set; 3 Hoax; 4 Competent; 5
Reproof; 8 Lessen; 11 Foreigner; 13 Patter; 14
Imitate; 16 World; 18 Else; 20 Gap.
THE WIZARD OF ID
the service to take. We would also love
to have you as a volunteer. We will
provide training and a range of opportunities for involvement, so you need not
be an expert (experts also very welcome).
If you would like to talk with Community Law about your ideas or about
joining a roster of volunteers attending
Rimutaka Prison, please contact Community Lawyer Darien Mahony – 460
4468, [email protected].
Deadline December Council Brief
Tuesday 25 November
Sue’s Kitchen Secrets
World famous at Wellington
Branch and beyond!
Anyone who has come to an evening event at Wellington
Branch will know of Sue Collins’ prowess in the kitchen. Over
the last ten years we have all been treated to a great selection of
Sue’s delicacies from the NZLS Kitchen. After many requests
from members (and staff) we have finally persuaded Sue to
share some of her (and our) favourite recipes in a new monthly
column, Sue’s Kitchen Secrets. Enjoy favourite No.1!
Peanut Square
Preheat oven to 180ºc
Ingredients
1. Gently heat butter and golden
syrup together until the butter
has melted then add sugar and
stir until dissolved.
250 g butter
1 cup sugar
2 tablespoons golden syrup
1 cup mixed fruit
1 cup peanuts
1 cup plain flour
1 cup self-raising flour
}
2. Or equivalent quantity of your
own favoutite mix.
3. Mix dry ingredients together and fold into butter mixture
until all absorbed.
4. Turn out into lightly greased tin and gently press until evenly
distributed.
5. Bake approximately 20 mins until lightly browned on top.
6. Cut into squares with sharp knife when slightly cooled.
Page 8 – COUNCIL BRIEF, NOVEMBER 2014
NEWS
WILL
ENQUIRIES
Law graduate
CV scheme
The Wellington Women in Law Committee met with the NZ Law Society President Chris Moore, Executive
Director Christine Grice, and Principal Advisor Bronwyn Jones on Friday 24 October. The Committee invited
Chris Moore to discuss issues of concern to members of the profession, particularly women. The Committee
welcomed the opportunity to exchange insights with the NZLS President on the issue of equality of women
in the legal profession, particularly on the Law Society’s role in this issue. One of the practical solutions
discussed was adding more information and tools to the NZLS website.
Chapman Tripp junior negotiation competition winners
FOR URGENT ACTION
Please contact the solicitors
concerned if you are holding a will
for any of the following:
THE scheme to assist law
graduates into work is still being
operated by the Wellington
Branch.
Law graduates seeking work
leave their CVs at the Society.
These are available to potential
employers needing staff who
can refer to the CVs and choose
appropriate graduates.
The work offered need not be
permanent. Any work in a law
office will give graduates valuable experience that may be
helpful to them next time they
make job applications.
ONDA, Isao
Late of Japan.
Died at Tochigi Prefecture, Japan,
on 11 January 2012.
Rasch Leong Lawyers (David Leong)
PO Box 14 304, Wellington 6241
Tel 04 387 7831 Fax 04 387 2432
[email protected]
The cost of a will notices is $50.00 (GST
inclusive). Please send payment with your
notice.
Will notices should be sent to the Branch
Manager, NZ Law Society Wellington
Branch, PO Box 494, Wellington.
INVITATION TO A GATHERING
TO CELEBRATE LOUISE ELDER’S LIFE
ON
15 NOVEMBER 2014 AT 12.30PM
AT
The Chapman Tripp Junior Negotiation competition was won by Tory Hansen and Zane Fookes. Runners-up
were Briar Shaw and Kasia Ginders. They are pictured (left to right) with judges: Chris Bougen (Chapman
Tripp senior associate), Josh Blackmore (Chapman Tripp partner), Kasia Ginders, Briar Shaw, Tory Hansen,
Zane Fookes, and Professor Graeme Austin.
THE HOME OF GRANT AND ADRIENNE ALLAN
139 TARARUA DRIVE, RD 8, MASTERTON
Partners are welcome
Please bring a bottle. Food will be provided
Please RVSP to Victoria Anderson at [email protected]
by 7 November 2014
Those who wish to make a financial contribution to Louise’s children
may send it to Gawith Burridge, PO Box 454, Masterton 5810
Attention Bruce Wagg/Jock Kershaw
or deposits may be made to the
Gawith Burridge Trust Account
ANZ Masterton 06 0689 0133005 02
Use “L Elder children”as a reference
The Wellington Women Lawyers Association “Taking the Plunge” event held recently was well-attended and
successful. Panel members, above, Chantelle McCabe, Annabel Wilton, Judith Fyfe, Wendy Aldred (Chair),
Lucy Elwood and Steph Dyhrberg discussed aspects of setting up a firm, joining the independent bar and more.
A more detailed discussion on the issues raised will feature in the December issue of Council Brief.
Lifeline Counselling has a team of qualified professional counsellors experienced
in working with clients across a broad range of issues.
Our high-quality confidential service can help with day-to-day issues such as:
stress, anxiety, burnout, depression, relationship issues, grief, trauma and
addiction.
All our Counsellors are qualified to Masters level and are members of the NZ
Association of Counsellors.
For New Zealand Law Society members and families we are offering a discounted rate:
$110 based on a normal 60min session
Currently this Face-to-Face service is only available in person in the Auckland region. Other regions will be introduced
in time.
Skype Face-to-Face counselling applies throughout New Zealand.
Please contact Lifeline Counselling on
[email protected] or phone 09 909 8750
Book early for Law
Society events!
Wellington lawyers are very
keen to attend events
presented by the Wellington
Branch office.
Victoria law students Emma Smith
(left) and Anna Peacey (right)
recently won the Mahony Cup at
the NZ Law Foundation National
Family Moot in Dunedin. It is the
first time in the competition’s 19year history that Victoria has won.
For several recent events
demand has outstripped the
number of places and long
waiting lists have resulted.
The answer is to please book
early or you risk being
disappointed.
Council Brief Advertising
[email protected]
These are some pictures taken at the highly successful CLANZ Mini half-day conference focusing on
Legal Project Management held in Wellington on 16 October.